Bankruptcy Litigation

This panel will first discuss lessons learned from the extensive litigation over the past few years on “drop-down” and “up-tier” restructuring transactions in such cases as Murray Energy, Serta Simmons, TriMark, Boardriders, iHeart, La Paloma and White Box v. Trans Ocean. Next, we will examine some recent developments in fraudulent conveyance litigation, including challenges to transfers made in “Texas two-step” mergers (e.g., J&J); establishing fraudulent intent (Tribune); and recovering from subsequent transferees (e.g., Giant Gray; Madoff). Finally, we will discuss developments on equitable mootness, which continues to be litigated with differing results around the country.

What privileges and confidentiality can be asserted in bankruptcy litigation (e.g., attorney/client, common interest, mediation, etc.), and how do you invoke and preserve these various privileges/confidentialities? This session will identify these issues and address the ethical and legal implications if they they aren’t properly preserved.

This session will discuss strategies for presenting bankruptcy issues on appeal, including procedures, briefs, oral arguments and the doctrine of mootness.

Join ABI Editor-at-Large Bill Rochelle as he hosts a panel of bankruptcy judges to discuss circuit splits on important consumer bankruptcy issues. This panel will be presented in a fun game-show format where the judges will vote to resolve the issues before they reach the U.S. Supreme Court.

ABI and Reid Collins & Tsai LLP have joined together to present a three-part webinar series focusing on recurring issues that arise in post-bankruptcy litigation involving trustees, and how to set up trustees for success in pursuing litigation claims. Session 1: Litigating Claims by Trustees: Avoiding Pitfalls at the Pre-Plan Stage, taking place on January 12 at 1 PM ET in partnership with ABI's Commercial Fraud Committee, will discuss issues that may arise or be addressed before confirmation of a bankruptcy plan.

Hosted by the Bankruptcy Litigation and Consumer Bankruptcy Committees This panel will discuss the current state of the law and open issues regarding the automatic stay, discharge injunction and sanctions in light of the Supreme Court’s rulings in Fulton v. City of Chicago and Taggart v. Lorenzen.

Learn concrete trial and evidentiary skills in this lively mock examination.

Before the DIP-financing or cash-collateral negotiation begins, there are a number of ways you can help your cash-strapped debtor raise cash. This session will share valuable tips for what you can do before reaching out to your client's lender, and how you can help fund a debtor from the first call until a sale or plan confirmation.

Hosted by ABI's Commercial Fraud and Young and New Member Committee Hear tips and real-life stories from industry experts on how best to pursue a career path in commercial fraud and fraud litigation. *CLE isn’t available in VA.