Venue/Jurisdiction

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.

Sponsored by Riordan, Fincher & Mayo, P.A. Following the Money: Tracing Financial Transactions in Popular Phone Apps Rachel L. Foley Foley Law, PC | Independence, Mo. An Analytical Review of Reversals/Affirmance Rates Between BAPs and District Courts Jacklyn M. Branby Snell & Wilmer L.L.P. | Phoenix The Unconstitutionality of Chapter 11 UST Fee vs. Non-UST Fee Districts Nicholas J. Zluticky Stinson LLP | Kansas City, Mo. SBRA and Chapter 12 Definitions for Qualifying Debtors Mark A. Craige Crowe & Dunlevy | Tulsa, Okla.

What are the constitutional limits of bankruptcy court jurisdiction and authority? This panel will discuss recent decisions implicating Stern v. Marshall to see when and how courts are addressing limits on jurisdiction and authority. The panelists will analyze when state law actions may be maintained in bankruptcy court and when the bankruptcy court can enter final orders and review key local rules. Additionally, the panelists will provide strategies for how to address matters where a bankruptcy court cannot issue final orders.

This panel will provide a lively discussion of valuation, liability management transactions, corporate governance, ethics and the bankruptcy process set against the backdrop of the Casears restructuring and chapter 11 case. The panelists, all of whom were intimately involved in the Caesars bankruptcy as principal, advisor or journalist, will offer their unique insights into this fascinating chapter 11 case and the lessons (legal, practical and ethical) it teaches for restructurings today.

This panel will take a look at the current state of the law related to equitable mootness, equitable subordination and other equitable doctrines.

Recent large bankruptcies like NRA, Boy Scouts of America, Roman Catholic Archdiocese, Purdue Pharma and J&J have invigorated debate over the longstanding issues of venue and bad faith in bankruptcy. This panel will explore matters surrounding venue and bad-faith filings, related ethics considerations, and the newest wave of reform initiatives.

Bankruptcy Judges Elizabeth Brown and Michael Romero will discuss the year’s widest splits and most controversial opinions with ABI Editor-at-Large Bill Rochelle.