Venue/Jurisdiction

This panel of leading Supreme Court practitioners will discuss leading cases and different ways of viewing specific problems in bankruptcy vs. appellate courts.

The panel will discuss bankruptcy Supreme Court cases from the last two years and their effects at the trial court level. The panelists will also highlight key issues where there are circuit splits that may provide ground for future Supreme Court jurisprudence.

This session will discuss recent appellate decisions in the areas of mootness, the solvent-debtor exception, mass torts and tribal immunity.

Join ABI Editor-at-Large Bill Rochelle for this fun and informative session as he and several bankruptcy judges discuss circuit splits and hot topics on important bankruptcy issues. An attendee favorite!

This session will delve into what is happening at the circuit level regarding jurisdiction and standing, and how both bankruptcy practitioners and judges could be affected — regardless of what types of cases they typically see.

This panel will address recent decisions, including Modern Land, affecting the standard for recognition of a foreign insolvency proceeding as either a foreign main or nonmain proceeding. Additionally, the panelists will discuss recent decisions concerning third-party releases in chapter 15 cases, including In re PT Pan Brothers Tbk, Case No. 22-10136-mg (Bankr. S.D.N.Y. 2022).

Bankruptcy judges will discuss the most talked-about current events and controversial opinions in the insolvency world with ABI Editor-at-Large Bill Rochelle.

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.

Resolved: Bankruptcy courts do not have the authority to approve nonconsensual releases of direct claimsheld by third parties against nondebtors as part of a chapter 11 plan or reorganization. Pro: Hon. Eugene R.Wedoff (ret.); Con: Marshall S. Huebner Resolved: Trustee requests of debtors for documents andinformation beyond that already required by the Code and Rules should not be routinely undertaken, butinstead should be limited to inquiries suggested by issues arising in specific cases. Pro: Tiffany L. Carroll;Con: Gary R. Stickell Resolved: The Seventh Circuit was wrong in Sheehan v. Breccia Unlimited Co. (In reSheehan), 21-2946 (7th Cir. Sept. 9, 2022), when it barred U.S. bankruptcy courts from stopping foreigncreditors from taking action against a debtor’s assets abroad when the U.S. court has no general or specificpersonal jurisdiction over the creditors. Pro: Hon. Christopher S. Sontchi (ret.); Con: Hon. David R. Jones.