Claims

This session will cover recent Supreme Court and Sixth, Seventh and Eighth Circuit cases that you need to know about.

Join ABI Editor-at-Large Bill Rochelle for this fun and informative session as he and six judges address recent Second Circuit cases, and predict how the circuit will rule on tough questions on the way up. An attendee favorite!

This panel presents a pragmatic discussion on the varying liens that intrude upon debtors’ lives, and the array of bankruptcy-centric issues and tools that can be effectively utilized to confront those liens.

This panel explores ways in which practitioners are avoiding the direct impact of Purdue by seeking to release only derivative claims. The panelists analyze the direct/derivative distinction more broadly by discussing its impact on what constitutes property of the estate, whether pursuit of a derivative claim violates the stay, and what claims an estate fiduciary has the power to bring under § 544, and discusses the Whittaker, Clark & Daniels decision.

Insurance carriers are now permitted to participate in the plan-confirmation process, even when a plan is “insurance neutral.” How do recent Supreme Court rulings change the confirmation process, or will the Bankruptcy Code permit debtors to alter the rights of insurance carriers over their objection of insurance and bind them to the terms of the plan? Finally, there are no circuit splits, no nonconsensual third-party releases under a plan — or is the issue still unsettled when the plan “pays claims in full,” and what does it mean to “consent” to a release? Opt-in, opt-out, negative notice: What works? This panel will provide an overview of the U.S. Supreme Court’s decisions in Truck Insurance Exchange v. Kaiser Gypsum Co. Inc., et al. and Harrington v. Purdue Pharma L.P., et al. and how they impact a debtor’s ability to confirm a plan. The panelists will discuss how debtors and insurance carriers will need to work to address their competing needs. The panelists also will discuss how debtors will address mass-tort bankruptcies without the third-party-release tool or workarounds, and will look to the case law and confirmed plans in circuits where nonconsensual releases are not permitted.

This panel will provide an in-depth examination of the claims-allowance process in bankruptcy, focusing on the latest developments and contentious issues that are shaping this critical area of practice. As bankruptcy courts continue to address complex claims-related disputes, understanding the nuances of standing, timing and calculations has become more important than ever for practitioners.

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!

This panel will discuss cutting-edge controversies and developments regarding the business-judgment rule, standing to bring claims, gatekeeper provisions, and D&O insurance policies, proceeds and ownership.