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ABI’s Bankruptcy 2026: Views from the Bench program is a unique opportunity for bankruptcy practitioners to hear from more than 20 sitting and retired bankruptcy judges during a full day of high-quality CLE and networking opportunities. This year’s program was held at the Georgetown University Law Center.

This panel addresses pressing issues related to the use of AI in the courtroom and the use of AI by the bankruptcy courts. The panelists focus on ethical issues related to the obligation of candor to the court, use of evidence, discovery and privilege issues, and the how the existing rules do or do not adequately address the current and expected AI landscape.Learning ObjectivesAttendees will recognize the ethical obligations of candor to the court when AI tools are used in preparing filings, evidence, or arguments.Attendees will examine emerging evidentiary, discovery, and privilege issues arising from the use of AI by litigants and the courts.Attendees will assess the adequacy of existing rules and standards in addressing current and anticipated uses of AI in bankruptcy practice.

This panel discusses hot topics and frequent pitfalls in subchapter V cases.Learning ObjectivesAttendees will identify common eligibility issues and disputes that arise in subchapter V cases.Attendees will examine the role of the subchapter V trustee and recurring issues in plan confirmation, including feasibility and the absolute priority rule.Attendees will develop practical strategies for navigating the compressed timelines and procedural challenges unique to subchapter V practice.

Debate 1: RESOLVED, that it is permissible, and may be appropriate, for a judge, with the express consent of the parties, to serve as a mediator in a case that is pending before that judge.Debate 2: RESOLVED, that in a chapter 15 case, a bankruptcy court should recognize and enforce a foreign restructuring that includes a third-party release even if the debtor is headquartered in the U.S. but filed abroad for the purpose of circumventing the rule of Purdue Pharma.Learning ObjectivesAttendees will evaluate the ethical and practical considerations surrounding judicial participation as a mediator in a case pending before that judge.Attendees will analyze the legal and policy arguments for and against recognizing foreign restructurings containing third-party releases under chapter 15.Attendees will assess the implications of Purdue Pharma on forum selection strategies and cross-border restructuring practice.

This panel discusses issues related to preparing for the bankruptcy filing and “first-day” issues, including creditor-on-creditor issues, operational issues, liability management issues (LMEs), Restructuring Support Agreements (RSAs), DIP-financing disputes and other recent developments related to first-day filings.Learning ObjectivesAttendees will recognize key pre-filing considerations, including creditor-on-creditor dynamics and operational issues that shape a debtor's strategy going into bankruptcy.Attendees will assess the use of liability management exercises and restructuring support agreements in structuring a case before and at filing.Attendees will examine recent developments in DIP financing disputes and other first-day issues affecting the early stages of a bankruptcy case.

This panel covers pending pertinent U.S. Supreme Court and appellate cases, as well as recently decided cases.Learning ObjectivesAttendees will summarize significant pending Supreme Court and appellate cases likely to impact bankruptcy law and practice.Attendees will analyze the key holdings and reasoning of recently decided Supreme Court and appellate bankruptcy decisions.Attendees will evaluate the practical implications of these developments and anticipate how they may affect future case strategy and outcomes.

This panel discusses hot topics and recent developments related to confirmation issues, including third-party releases, plan issues and lender priority battles.Learning ObjectivesAttendees will understand the current legal landscape governing third-party releases in plan confirmation, including recent case law developments.Attendees will identify common plan confirmation issues and challenges, including feasibility, classification, and cramdown disputes.Attendees will recognize emerging trends in lender priority disputes and develop strategies for navigating intercreditor conflicts in the confirmation process.

Chapter 15 bankruptcy cases are designed to deal with cases of cross-border insolvency offering recognition of a foreign proceeding and other relief to a foreign representative. The Bankruptcy Court’s recognition of a foreign proceeding provides powerful tools making Chapter 15 an important cross-border insolvency strategy. There are certain pre-filing considerations, however, that must be taken into account in order to obtain Chapter 15 recognition. This panel will discuss the requirements for the petitioning debtor to obtain Chapter 15 recognition, including an in-depth look at the pre-filing issues related to the debtor’s “center of main interests” (COMI) for foreign main proceedings and foreign nonmain proceedings including recent case law developments.

Most bankruptcy litigation ends at the negotiating table, not in the courtroom. This panel will explore the strategies and practical considerations that drive successful settlements in bankruptcy disputes. Experienced bankruptcy litigators will discuss how to evaluate litigation risk, determine when and how to initiate settlement discussions, and explore how to use mediation effectively and navigate difficult negotiations. The panelists also will address Rule 408 considerations, documenting settlements, obtaining necessary bankruptcy court approval, and avoiding common pitfalls that can derail a deal. Attendees will leave with practical strategies for resolving bankruptcy disputes efficiently while protecting their clients’ interests.

This panel examines the ethical and procedural framework governing inadvertent disclosures of privileged materials in bankruptcy practice. The discussion explores the bankruptcy-specific complications (from compressed discovery timelines and multi-party productions to trustee succession issues) that arise when privilege is breached and offering practical guidance for preventing and managing these disclosures.Learning Objectives:Attendees will understand the ethics rules and procedural framework (Model Rules 1.6(c) and 4.4(b), FRCP 26(b)(5)(B), and FRE 502(b)) governing inadvertent disclosure of privileged materials and the duties triggered.Attendees will recognize bankruptcy-specific complications that heighten inadvertent disclosure risk, including compressed case timelines, multi-party document flows among debtors, committees, and trustees, and privilege succession issues following trustee appointment.Attendees will identify practical strategies for preventing inadvertent disclosures and effectively managing a clawback dispute once one occurs, from FRE 502(d) orders and tiered review protocols to crisis-response steps for producing and receiving counsel.