Bankruptcy Litigation

Hosted by the Bankruptcy Litigation and Commercial Fraud Committees This panel will explore whether and how far U.S. avoidance provisions might apply extraterritorially, and will discuss the challenges and pitfalls of alternate theories of recovery.

In this round-and-round format, visit with leading judges (each at their own roundtables) to discuss and debate the nation’s most important recent business and consumer bankruptcy decisions.

How do you make a record with a judge who is not letting you? How do you ask to withdraw the reference, or file an interlocutory appeal, without burning your bridges with the bankruptcy judge? Hear our experts provide their views on how to survive these and other worst-case scenarios.

This year, the WLC opens with ABI Talks, one of our highest-rated programs ever! Based on the incredibly popular “TED Talks” format, ABI Talks address diverse and interesting topics. If you consider yourself a bankruptcy guru, or just want to be one, you will not want to miss this featured program!

This panel of judges and insolvency professionals from various jurisdictions will provide insight into inter-court communications and the challenges faced by judges dealing with cross-border insolvency proceedings. The panel will discuss the use of protocols, the American Law Institute’s Guidelines Application to Court-to-Court Communications in Cross Border Cases and more.

This panel will discuss lessons learned from leveraging technology in administering mega-, mid-size and small chapter 11 cases. The panelists will discuss and demonstrate the use of technology in administering chapter 11 cases, including submission of e-proofs of claim and e-ballots, electronic noticing and solicitation, case administration websites, and electronic claims reconciliation. The panel will also address how to improve the efficiency of using such technologies within the context of small or mid-size chapter 11 cases.

Demonstration on how to best use technology when presenting your case in Bankruptcy Court. This panel will include various “how to” demonstrations that include presenting exhibits, highlighting exhibits, etc. Plus, how to best use electronic links in briefs for case citation and other references.

The panel will discuss myriad issues (including ethical issues) that have arisen, and will likely arise in the future, as the current trend of third party litigation funding begins to be a more common funding vehicle in bankruptcy cases.

This session will use a common fact pattern and feature demonstrations of arguments and examinations regarding such evidentiary issues as whether a witness may appear by telephone, video or deposition; admissibility of expert testimony on value; whether an expert may rely on the testimony of other experts; when lay witness testimony on value may be admissible; and demonstrations of examinations of experts and nonexperts regarding valuation and other common issues that arise in evidentiary hearings. By extensively using role play, this session will create real settings for consumer bankruptcy attorneys to help them handle evidentiary hearings in bankruptcy court.

Considering an appeal? Learn some practical tips and considerations from this panel of experts and judges.