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In this candid and dynamic discussion, experienced bankruptcy judges will address the importance of adhering to the Bankruptcy Code as the foundation for successful practice and decision-making. As practitioners become increasingly reliant on precedent, creative arguments and procedural shortcuts, this session will serve as a reminder of the Code’s fundamental role in guiding bankruptcy proceedings. This discussion is designed for attorneys, trustees, and other restructuring professionals who seek to enhance their understanding of the Bankruptcy Code and its application in everyday practice. Expect lively discussion, practical advice, and a renewed appreciation for the importance of the Code in bankruptcy law.

Every now and then, a reviewing court issues a decision that seems contrary to the statutory language or underlying policy of the Bankruptcy Code. Perhaps it was a decision based on bad or unusual facts; perhaps it was a decision that focused on the text more than the policy of the Code. Regardless, practitioners and bankruptcy judges must work with these decisions in cases before them. This panel will talk about the appellate decision-making process.

Insurance carriers are now permitted to participate in the plan-confirmation process, even when a plan is “insurance neutral.” How do recent Supreme Court rulings change the confirmation process, or will the Bankruptcy Code permit debtors to alter the rights of insurance carriers over their objection of insurance and bind them to the terms of the plan? Finally, there are no circuit splits, no nonconsensual third-party releases under a plan — or is the issue still unsettled when the plan “pays claims in full,” and what does it mean to “consent” to a release? Opt-in, opt-out, negative notice: What works? This panel will provide an overview of the U.S. Supreme Court’s decisions in Truck Insurance Exchange v. Kaiser Gypsum Co. Inc., et al. and Harrington v. Purdue Pharma L.P., et al. and how they impact a debtor’s ability to confirm a plan. The panelists will discuss how debtors and insurance carriers will need to work to address their competing needs. The panelists also will discuss how debtors will address mass-tort bankruptcies without the third-party-release tool or workarounds, and will look to the case law and confirmed plans in circuits where nonconsensual releases are not permitted.

This presentation will explore how generative AI is transforming the legal profession, including its ability to draft legal documents and marketing materials, and will address the professional, legal and ethical risks it presents. Attendees will gain practical insights on AI’s impact and limitations, as well as how to navigate this evolving technology effectively and responsibly.

This plenary will consist of small group huddles with judges and fellow attendees to work through case problems.

In this session, trustees of all types — chapter 7, subchapter V, chapter 12 and chapter 13, together with an attorney for court-appointed fiduciaries and liquidating trustees — share their perspectives on the commonalities and differences under each chapter. The panelists discuss how to avoid common mistakes and offer tips for success for counsel to debtors and creditors. Is the trustee a friend or foe? What if a case converts from one chapter to another? Can a subchapter V trustee act as a mediator? What happens if a trustee suspects fraud? Do trustees have any discretionary powers? Join us and find out!

This panel helps attendees avoid the landmines of a franchisee chapter 11 filing and better understand the current law on leasehold issues, critical vendor considerations, pre-petition termination of franchise agreements and a potpourri of pointers from multiple perspectives. The session also includes a hypothetical with practical solutions and considerations based on recent cases (published and nonpublished opinions) to the hypothetical.

This panel will present an overview of the statutory groundwork for, methodology for pursuing, and latest case law on avoidance action claims, including the impact of Purdue Pharma on the sale of these claims.

This panel explores all things evidence (well, not all), including fundamentals like presumptions, privileges and burdens of proof; often overlooked and underappreciated methods of presentation, such as summaries; practical pointers, such as how to value assets on the cheap; and emerging issues involving spotting and defending against “fake” evidence. The panelists will present a variety of perspectives from academia, the bench and the bar, all focused on providing practical advice on how best to prove your case (and maybe just a little about how to disprove the opposition).