Bankruptcy Litigation

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).

This panel will explore how good faith and bad faith are used in the Code and when it matters, how “developed” these notions are in the case law, and balancing the debtor’s right to dismiss when facing a motion to convert for cause under § 1307 for bad faith. The panelists will consider Marrama v. Citizens Bank of Massachusetts and Law v. Siegel, the effect on property of the estate in a converted case under § 348 when converted in “in bad faith,” when a plan is not considered proposed in good faith under § 325, § 707(b)(3) dismissals when there is no presumption of abuse, avoiding a dismissal under § 521 related to document production, and filing a “repeat” debtor in a 7 when a 13 was filed less than six years prior under the “70% claims paid/plan proposed in good faith” exception.

Hosted by Bankruptcy Litigation & Real Estate Committees Fraud is an ever-present concern in bankruptcy cases, manifesting in various forms from False Claims Act violations to Ponzi schemes. This panel will provide practical tips and strategies for identifying, addressing and litigating fraud in the bankruptcy context.

Avoidance actions are necessary not only for crossovers, but also for stakeholders with some frequency or practice in non-mega venues. This panel will dive into avoidance actions and their role in restructuring.

This panel of bankruptcy judges from the Eighth and Tenth Circuits will discuss several recent decisions from the U.S. Supreme Court, the Eighth and Tenth Circuit Courts of Appeals and Bankruptcy Appellate Panels, and elsewhere that are likely to impact your bankruptcy practice.

This panel will discuss whether avoidance action is property of the estate, a trustee’s right to sell, and derivative standing issues.

This panel will explore best practices for getting your case from the initial consult stage to final judgment on the merits by presenting a hypothetical fraud scenario with multiple interested parties. This must-do skills workshop is for anyone focused on litigation in bankruptcy court.

This panel will help you analyze the strategic twists and turns of taking bankruptcy appeals. When can you appeal? When should you? And if you have a choice of appellate courts (district court, BAP, court of appeals), how do you decide which to select? The panelists will share from their collective experience on both sides of the bench, including best practices — and perhaps a horror story or two.

This panel will discuss how to develop litigation skills in the production, limitation and introduction of testimonial and documentary evidence. The panelists will cover strategies for both introducing evidence and dealing with objections to or limitations on an opponent’s evidence.