Court Administration

This panel will explore best practices for selecting, preparing and effectively using expert witnesses in bankruptcy disputes, including in valuation, fraudulent-transfer and preference actions. The panelists will discuss common pitfalls, ethical considerations, and how opposing counsel can effectively challenge expert credibility and methodology. Attendees will gain practical tips for maximizing the value of expert testimony and avoiding costly missteps in contested bankruptcy matters. 

In this session, trustees of all types — chapter 7, subchapter V, chapter 12 and chapter 13, together with an attorney for court-appointed fiduciaries and liquidating trustees — share their perspectives on the commonalities and differences under each chapter. The panelists discuss how to avoid common mistakes and offer tips for success for counsel to debtors and creditors. Is the trustee a friend or foe? What if a case converts from one chapter to another? Can a subchapter V trustee act as a mediator? What happens if a trustee suspects fraud? Do trustees have any discretionary powers? Join us and find out!

This panel will engage in a robust discussion and examination of various oversight roles in the restructuring process, based on the panelists' numerous viewpoints.

The public should expect, if not demand, that judges and professionals alike strictly adhere to the ethical codes and rules that serve to promote and protect the integrity of the courts and the legal system as a whole. This highly respected panel consisting of sitting judges and an expert in bankruptcy ethics will explore issues of judicial and professional transparency, disclosure, conflicts, the duty to report improper conduct, and the means by which to do so.

This panel will cover such topics as exculpation/opt-in, opt-out, as well as U.S. Trustee views on programmatic positions vs. litigating a case. The panelists will cover topics relating to fees, such as the role of a fee examiner, and nonestate professional fee requests. Attendees also will learn about the importance of sealing personally identifiable information — and how to do so.

Responding to complaints in federal court is a critical aspect of the U.S. legal system. This session will explore the various elements involved in crafting a comprehensive response to a complaint filed in federal court. The panelists will provide an in-depth analysis of the process, strategies and considerations for defendants when addressing allegations brought against them. By examining the Federal Rules of Civil Procedure, case law and best practices, this session will help equip legal practitioners and individuals with a thorough understanding of the response phase in federal court litigation.

Presented in the style of the ever-popular TED Talks, this year’s ABI Talks will focus on four hot topics: the state of the bankruptcy judiciary, Cinemark, civil contempt issues and venue reform.

This panel will discuss how trustees are paid and a trustee’s role upon conversion.

As virtual hearings become standard in Court’s across the country, the panel members provide, review of best practices and lessons learned from the Court’s perspective since the mainstreaming of virtual hearings.

This roundtable will provide updates from the Eastern and Southern Districts of New York (and surrounding areas) about court rules and practices, and discuss topics of general interest to the bar.