Venue/Jurisdiction

Bankruptcy courts are courts of limited jurisdiction. Given that parties can neither waive nor consent to subject-matter jurisdiction, this panel will explore the limits of 28 U.S.C. § 1334 and the effectiveness of the retention of jurisdiction provisions in sale orders and confirmation orders. The panelists will discuss recent decisions on the scope of “arising under,” “arising in” and “related to” jurisdiction. The panel also will delve into whether, and to what extent, bankruptcy courts automatically have jurisdiction to interpret and enforce their own orders, including whether that jurisdiction diminishes over time. Finally, the panelists will discuss mandatory and permissive abstention and the parallel proceeding rule.

Join Bill Rochelle as he provides us with the highlights we need to know about emerging cases from the Supreme Court, Tenth Circuit and more!

Do you ever wonder what a particular Supreme Court decision means for you and your practice? This panel will discuss the Supreme Court’s general approach to deciding cases, including bankruptcy cases, and what those decisions mean for the bankruptcy and larger legal community. The panelists will use decisions from last term (as well as those to be argued this term) to help attendees better understand the decisions, how they might influence lower court decisions, and what it all means for those subjected to their decisions.

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).