Vermont State Approved Sessions

The Supreme Court’s decision in Purdue Pharma has significant implications for cross-border insolvency practice under chapter 15. This panel will examine how the ruling is reshaping the legal landscape for foreign main proceedings, recognition standards, and especially the use of nonconsensual third-party releases. The panelists also will explore emerging questions around comity, enforcement of foreign judgments, and the limits of U.S. bankruptcy courts’ authority in cross-border cases. 

As data privacy concerns grow more urgent, bankruptcy professionals must be prepared to confront the unique challenges that arise when companies holding sensitive consumer data (like genetic information) enter financial distress. This panel will use the high-profile case of 23andMe as a launching point to explore the intersection of data privacy laws and bankruptcy practice. The panelists then will examine the heightened risks and responsibilities for debtors, creditors and trustees handling data-heavy assets in restructuring and liquidation scenarios. 

The restaurant and franchise sectors present unique challenges in chapter 11 restructurings, from complex lease negotiations to brand preservation and franchise agreement compliance. Whether representing debtors, creditors or franchisors, attendees will gain practical insights into navigating the distinctive legal and business hurdles faced by restaurants and franchises in chapter 11. 

This lively panel of bankruptcy judges will debate the most pressing and controversial issues shaping bankruptcy law today. Gain unique insights from the bench on evolving case law, procedural challenges and emerging trends affecting practitioners across the bankruptcy spectrum.

This panel will provide a focused look at critical developments in subchapter V practice, including fair and equitable treatment in plan confirmation, eligibility to file, and the expanding role of subchapter V trustees. The panelists will also address post-confirmation issues such as asset sales, plan defaults, vesting and drafting strategies to manage risks and improve outcomes. Attendees will gain practical insights for navigating subchapter V cases more effectively from start to finish. 

This panel will provide a comprehensive overview of key tax considerations that arise before and during bankruptcy proceedings. Attendees will learn how to preserve and utilize valuable tax attributes prior to filing. The panelists also will explore the complex question of whether certain tax attributes constitute property of the bankruptcy estate, and will address a range of critical tax issues that may emerge during a bankruptcy case. This session is essential for practitioners seeking to effectively navigate the intersection of tax law and bankruptcy.

This panel will provide guidance on identifying and addressing issues relating to personal-injury (PI) causes of action that arise (or are discovered) post-petition in consumer bankruptcy cases. When are they property of the estate? What disclosures are required, and when? How does judicial estoppel apply? In chapter 13 cases, does the debtor need court approval to retain and pay PI counsel? Is bankruptcy court approval required before the debtor settles a cause of action? The panelists will address these questions and more.

This panel will explore best practices for selecting, preparing and effectively using expert witnesses in bankruptcy disputes, including in valuation, fraudulent-transfer and preference actions. The panelists will discuss common pitfalls, ethical considerations, and how opposing counsel can effectively challenge expert credibility and methodology. Attendees will gain practical tips for maximizing the value of expert testimony and avoiding costly missteps in contested bankruptcy matters. 

Clear, concise writing is essential in bankruptcy practice, especially when your audience includes busy judges and practitioners. This interactive workshop will explore why brevity matters and how to achieve it without sacrificing legal precision. Attendees will learn to spot opportunities to tighten briefs and motions, and gain practical strategies for cutting words while preserving meaning. Whether drafting for court or clients, participants will leave with tools to write more effectively and efficiently.

This panel will delve into the legal and strategic complexities surrounding the RMS Titanic chapter 11 case, exploring how different approaches might have altered its course. The panelists will unpack the jurisdictional tensions between the district court overseeing recovered artifacts and the bankruptcy court managing estate assets, and discuss pathways for resolving these conflicts. The conversation also will examine the role of foreign investors and buyers, highlighting the dynamic they introduce into the sale process and the competing interests at play.