Bankruptcy Litigation

This panel will break down last year’s Supreme Court bankruptcy cases, notable circuit court of appeals decisions, and growing circuit splits, and will discuss how developments in bankruptcy appellate law have impacted bankruptcy practice.

This panel explores various topics including litigation issues and obligations specific to creditors committees, the role of financial experts in litigation, and evidentiary issues that practitioners are likely to encounter. The panel also provides practical tips on preparation and best practices.

This panel will explore key bankruptcy litigation issues that are currently the subject of significant interest and debate, including (1) how bankruptcy courts address gerrymandering in the classification context, and how such concerns may arise in connection with liability-management transactions; (2) how debtors may attempt to effect "backdoor" estate releases through sale transactions whereby the buyer of the assets acquires estate claims and causes of action, and whether such attempts invoke concerns of a sub rosa plan; and (3) how the standard of adequate protection should be interpreted when a debtor is using cash collateral to maintain operations as a going concern where the alternative is a potentially value-destructive chapter 7. The panelists also plan to address the jurisdictional split regarding whether the confirmation requirement of an impaired accepting class requires a "per plan" or a "per debtor" approach for multi-debtor plans.

This panel will examine the latest pressure points in bankruptcy financing at both conceptual and granular levels, including pre-petition bridge loans, stalking-horse financings, roll-ups, intercreditor and intralender disputes and protections, DIP sizing and budgeting issues, and the overall effect of DIP and cash-collateral orders on case trajectory.

Think you know what evidence makes it into the record — and what gets tossed? This interactive session will present real-world-inspired hypotheticals highlighting evidentiary challenges in chapter 11 cases. From valuation disputes to insider transactions and confirmation battles, you’ll be asked to weigh in: Is it admissible? Is it persuasive? Is it even relevant? Join us as we explore the fine line between proof and puffery in the bankruptcy courtroom. Audience participation is not just encouraged — it’s required!

In our adversarial system, about half of us will disagree with the judge’s ruling. Yet statistically speaking, only a couple of bankruptcy-related cases reach the Supreme Court in any given term. This panel focuses on the first level of appeals to district courts or bankruptcy appellate panels, including whether the party has standing, whether the appeal is ripe and/or interlocutory, and the hot-button issue of mootness. The panelists take a practical approach to addressing the many traps for the unwary so that all of us will feel more confident in filing — or receiving a notice of — an appeal in one of our cases.

In this candid and dynamic discussion, experienced bankruptcy judges will address the importance of adhering to the Bankruptcy Code as the foundation for successful practice and decision-making. As practitioners become increasingly reliant on precedent, creative arguments and procedural shortcuts, this session will serve as a reminder of the Code’s fundamental role in guiding bankruptcy proceedings. This discussion is designed for attorneys, trustees, and other restructuring professionals who seek to enhance their understanding of the Bankruptcy Code and its application in everyday practice. Expect lively discussion, practical advice, and a renewed appreciation for the importance of the Code in bankruptcy law.

Every now and then, a reviewing court issues a decision that seems contrary to the statutory language or underlying policy of the Bankruptcy Code. Perhaps it was a decision based on bad or unusual facts; perhaps it was a decision that focused on the text more than the policy of the Code. Regardless, practitioners and bankruptcy judges must work with these decisions in cases before them. This panel will talk about the appellate decision-making process.