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Bankruptcy Litigation

Is There a Bankruptcy Common Law?

Certain judges have started to require that DIP orders waive any argument that the UCC cannot seek derivative standing to pursue claims on behalf of an LLC debtor. Is this trend rooted in bankruptcy common law? This panel will discuss this question and more.
1 hour 15 minutes 11 seconds

The Intersection of Bankruptcy and Construction Law

This panel delves into everything you ever wanted to know about the intersection of construction law and bankruptcy.
1 hour 16 minutes 24 seconds

Making the Most of a Litigation Trust’s Retained Causes of Action

When retained causes of action are the only recoveries for residual stakeholders, having the right toolkit —with tools sharpened and up to date — is essential to preserving and maximizing value. This panel will coverstatute-of-limitations issues, including the Golden Creditor Rule; identify pitfalls to avoid when bringingderivative claims, including in pari delicto; review lessons learned in bringing claims against equity sponsors;revive the concept of lender liability; provide tips of the trade for maximizing insurance recoveries; andexplain the § 546(e) safe harbor jurisprudence, among other relevant topics.

Nuts and Bolts of Bankruptcy Appeals

This panel will discuss pre-appeal considerations, final or interlocutory orders, stays pending appeal, perfecting an appeal, appellate briefs, and direct appeals to circuit courts.