Business Reorganization

This panel will analyze and discuss the Supreme Court’s blockbuster decisions in Purdue Pharmaceuticals (non-consensual non-debtor releases), Truck Insurance (insurance neutrality in chapter 11 cases), and John Q. Hammons (refund of unconstitutional US Trustee fee overpayments). Learn about what these decisions mean for similar pending cases and for the future of chapter 11 practice, as well as what these decisions tell us about the Supreme Court and its approach to addressing bankruptcy law issues.

Resolved: Opt-out consensual releases are still permissible after Purdue. Resolved: Solvent debtors are required to pay post-petition interest.

This panel will discuss the differences between state court assignments for the benefit of creditors and receiverships, and chapters 11 and 7 and subchapter V.

ABI Editor-at-Large Bill Rochelle, author of Rochelle’s Daily Wire, will lead a discussion with a panel of judges regarding recent significant cases involving subchapter V case law, simultaneous representation, and the need for financial distress before filing.

This panel will discuss the diverging good-faith and bad-faith standards governing dismissal of bankruptcy petitions under § 1112(b)’s “for cause” provision, including for an alleged lack of financial distress in the wake of the Third Circuit’s LTL decision in 2023. The panelists also will discuss post­-LTL efforts to impose a similar standard in the Fourth Circuit in the Bestwall and Aldrich & Murray cases, which thus far have been unsuccessful.

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.