Business Reorganization

This panel will discuss the forthcoming SCOTUS opinion in Purdue and other seminal cases of the year.

In recent years, chapter 11 proceedings have garnered increasing attention from the media and the public in general. With congressional hearings on mass-tort bankruptcies, Texas-Two Steps and venue reform, politicians have sought soundbites about bankruptcy law to drive media coverage. Additionally, high-profile events tied to bankruptcy filings, like the collapse of FTX and other cryptocurrency firms, have drawn the attention of many who otherwise ignore the goings on of bankruptcy courts. This panel will discuss these current public perceptions (and misperceptions) of bankruptcy proceedings and how they affect the day-to-day practices of lawyers and judges.

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.

What is a “good faith” bankruptcy filing after LTL? Is there a “good faith” requirement at all, and is it subjective or objective? How much financial distress is necessary (if any), and how can a debtor know when it gets there? What lessons should smaller debtors take from large mass tort cases? Is there really a split in the circuits on these issues? Join this ABI/IWIRC panel for a lively and interactive discussion of good-faith (and bad-faith) filings.

Regional judges will strive to answer questions on current issues.

ABI’s editor-at-large sits down with an appeal court judges to discuss bankruptcy circuit splits and U.S. Supreme Court cases.

This panel will discuss the historical relationship between secured and unsecured creditors in reorganization cases, and explore recent instances where the groups have worked together to create value for their constituents. The panelists will include an overview of the key positions taken by each group, and will provide first-hand descriptions of how the constituents were able to achieve consensus.