Alternative Dispute Resolution

Join ABI Editor-at-Large Bill Rochelle as he hosts a panel of bankruptcy judges to discuss circuit splits on important bankruptcy issues. Back again from the Annual Spring Meeting, this attendee-favorite panel will be presented in a fun game show format, where judges will vote to resolve the issues before they reach the U.S. Supreme Court.

A panel of judges and ABI 40under40 honorees will be debating key bankruptcy issues including arbitration disputes, cramdown provisions and more! Listen in, weigh in and learn a lot! First Debate Cramdowns “East vs. West” Resolution 1: An arbitrator should decide whether disputes in bankruptcy cases and proceedings are subject to arbitration. Pro: Andrew Helman Con: Lindsi Weber Resolution 2: All disputes in bankruptcy cases and proceedings can be subjected to binding arbitration. Pro: Hon. Michael Fagone Con: Hon. Daniel Collins Second Debate Cramdowns “North vs. South” Resolution: Section 1129(a)(10) dictates that a joint chapter 11 plan may be confirmed if a single impaired class with claims against any debtor accepts the joint plan. Pro: Hon. Mary Grace Diehl & Jonathan Edwards Con: Hon. Michael Wiles & Erica Weisgerber

Hosted by the Ethics & Professional Compensation and Mediation Committees The panel will provide an overview of certain bankruptcy laws and rules relevant to mediation, using vignettes or hypotheticals to set the scenes for in-depth discussions of the relevant rules of professional responsibility and ethical concerns.

The panelists will discuss in-court and out-of-court options for distressed businesses, as well as alternatives both pre- and post-COVID-19, drawing upon their experiences and what they see in the market going forward. Sponsored by Ballard Spahr LLP

When developing a strategy for an entity in distress, good insolvency lawyers weigh all their options, both in and out of bankruptcy. This presentation will consist of two mock client consultations (one debtor-focused and one creditor-focused) discussing the pros and cons of various alternatives to bankruptcy. The presentation will culminate in a mock status conference before a federal district court in an action where the plaintiff is seeking the appointment of a federal receiver in a loan-enforcement action. This session also will provide an in-depth examination of assignments for the benefit of creditors, as well as state and federal receiverships.

This past year has seen a remarkable number of wide splits and controversial opinions. This panel of experts, moderated by ABI Editor-at-Large Bill Rochelle, will discuss and analyze current notable business and consumer bankruptcy cases.

In this virtual variation on the in-person format, a nationwide group of distinguished judges will discuss current bankruptcy and practical skills issues in an innovative Zoom-style presentation. The judges will rotate to a new online “room,” allowing participants to maximize their time and gain valuable insights into best practices.

Panel presented by the International Committee of the American College of Bankruptcy The panel will consider whether, if so, to what extent arbitration agreements could be used to resolve problems arising in the course of cross border insolvency proceedings. Hon Paul Heath QC and Dr. Stephan Madaus will discuss questions of arbitrability, use, and enforcement of awards in such cases; particularly under the New York Convention. Prof Troy McKenzie and Corrine Ball will focus more specifically on the use of arbitration in Chapter 15 proceedings.

Presented by the Mediation and International Committees Through a mock mediation, this panel of experienced judges and cross-border mediators and practitioners will illustrate the pitfalls and benefits of using mediation to resolve cross-border insolvency disputes.

Join the SRS Acquiom team and their panel of experts as they dive into recent transactions involving collateral disputes between lenders and borrowers. The discussion will highlight real-life examples, look back on why the disputes are happening, review the options for lenders, and examine how to prevent disputes from happening in the future.