Bankruptcy Litigation

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.

Beyond a general overview of the fraudulent transfer elements under state law and the Bankruptcy Code, this panel will dissect recent fraud-related litigation topics and share personal experiences in representing and adjudicating such matters. Understanding who may be the subject of a fraudulent claim in bankruptcy, when a fraudulent transfer claim may arise, the ever-developing defenses to fraud, and the consequences for not complying with fraud-related discovery are just some of the issues that will be addressed in this panel. As more cases are filed because of, or in order to pursue, fraud claims, the panelists will provide their perspectives and highlight considerations of which all professionals should be aware.

This panel will lead attendees through negotiating and crafting polished purchase agreements and sale pleadings to avoid contested sale hearings and post-closing disputes.