Bankruptcy Litigation

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.

Each year, the U.S. Supreme Court declines to hear dozens of bankruptcy cases, leaving important legal questions unanswered and lower court rulings in place. This panel examines significant bankruptcy decisions for which certiorari was denied, exploring the unresolved issues they leave behind and the practical impact on bankruptcy practitioners and stakeholders. The panelists discuss how the Supreme Court evaluates petitions for certiorari, the factors that influence whether review is granted, and emerging bankruptcy issues that may be poised for future Supreme Court consideration. Attendees gain insight into developing areas of bankruptcy law and the implications of a Court that often chooses not to weigh in.Learning Objectives:Attendees will understand the criteria and considerations the U.S. Supreme Court uses when deciding whether to grant or deny certiorari in bankruptcy cases.Attendees will examine significant bankruptcy cases in which certiorari was denied and assess the practical implications of those decisions on bankruptcy law and practice.Attendees will identify unresolved bankruptcy law issues and emerging legal questions that may be candidates for future Supreme Court review.

This panel keeps bankruptcy practitioners current on the substantive and procedural aspects of litigation in both contested matters and adversary proceedings.Learning Objectives:Attendees will identify key substantive and procedural distinctions between contested matters and adversary proceedings in bankruptcy court.Attendees will apply current procedural rules and best practices to effectively litigate claims and disputes within bankruptcy proceedings.Attendees will recognize recent developments in bankruptcy litigation that may impact case strategy and outcomes.

This panel will explore key bankruptcy litigation issues that are currently the subject of significant interest and debate, including recent challenges arising from liability-management exercises (LMEs) such as minority lender objections, the extent to which LMEs may insulate secured claims from challenge in subsequent bankruptcy cases, and their interplay with DIP financings and roll-ups. The panelists also will discuss venue disputes, recent adequate protection and priming fights, and developments in post-confirmation litigation trusts. In addition, the panelists will address the increasing use of artificial intelligence in bankruptcy litigation and restructuring practice in general, with a focus on how practitioners can leverage AI to enhance their work.Learning ObjectivesAttendees will identify and analyze current bankruptcy litigation issues arising from liability management exercises (LMEs), including minority lender challenges and the implications for lien rights and DIP financing structures.Attendees will evaluate key trends in bankruptcy litigation, including venue disputes, adequate protection and priming contests, and emerging developments in post-confirmation litigation trusts.Attendees will assess the expanding role of artificial intelligence in bankruptcy litigation, including its application to legal analysis, case strategy, and decision-making.

This webinar will explore the practical defense strategies defendants are using to quietly end or narrow adversary proceedings in bankruptcy court by leveraging pleading standards, procedural sequencing and judicial preferences — often before discovery begins.

What really happens when the Federal Rules of Evidence collide with the practical realities of bankruptcy court? Too often, practitioners raise objections that sound right but fail to move the needle with bankruptcy judges. Others overlook evidentiary opportunities that could have made or broken their client’s position. In this lively and highly practical 75-minute program, seasoned bankruptcy litigators will unpack how evidence is actually admitted, challenged and weighed in contested matters, adversary proceedings and other bankruptcy hearings — and why relying on “trial court instincts” can sometimes cost you the case.This webinar will cut through the myths and focus on what works — and what doesn’t — in the unique procedural and evidentiary environment of bankruptcy litigation. Whether you represent debtors, creditors, trustees or other parties in interest, the panelists will help you sharpen your courtroom instincts and litigate more effectively in bankruptcy court. You’ll gain a stronger understanding of how to use the Rules of Evidence as both a sword and a shield — and how to avoid the common traps that can turn a winning case into a losing one.

Hosted by the Bankruptcy Litigation and Commercial Fraud Committees. This interactive session will take a practical approach to exploring best practices in bankruptcy litigation, with a particular emphasis on fraud-related claims. Using hypothetical fact patterns, the panelists will guide attendees through key phases of contested litigation — from the initial investigation and assessment of potential claims to courtroom strategy and trial execution. Topics will include evaluating causes of action and defenses, drafting effective complaints, managing motion practice and employing persuasive techniques in the courtroom, including opening statements, witness examinations and evidence presentation. Whether dealing with traditional bankruptcy disputes or complex fraud allegations, attendees will gain valuable insights into prosecuting and defending litigation in the bankruptcy context.

Hosted by ABI's Bankruptcy Litigation Committee. Repeat filings in chapter 13 cases present unique challenges — and opportunities — for all parties involved. In this practical and timely program hosted by ABI's Bankruptcy Litigation Committee, the panelists will examine the tools and mechanisms available under the Bankruptcy Code to navigate multiple-filer situations effectively. Attendees will gain insights into how debtors, creditors and trustees can protect their respective interests, address abusive filing patterns, and utilize litigation strategies to achieve fair and efficient outcomes. Whether you’re seeking clarity on stay relief, dismissal, sanctions or plan-feasibility issues, this session will provide actionable guidance for managing the complexities of repeat chapter 13 filings.

This panel will focus on chapter 7 trustee standing to pursue assets, plus the use of expert witnesses, sufficiency of complaints (Pack Liquidating) and sales of avoidance actions (South Coast). The panelists also will discuss recent case law on preference and fraudulent-transfer defenses, the extension of statutes of limitations (Kwok), and the role of both voluntary and mandatory mediation procedures.

Discovery in bankruptcy contested matters can be just as complex and consequential as in traditional litigation, but with its own unique rules, limitations and strategic considerations. This panel will address recent case law, jurisdictional nuances, and the practical challenges of balancing efficiency with due process. Whether you’re initiating discovery or responding to it, this session will provide valuable insights into managing discovery effectively within the procedural framework of the Bankruptcy Code.