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 Objectives
- Attendees 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.