Bankruptcy Litigation

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.

This panel explores all things evidence (well, not all), including fundamentals like presumptions, privileges and burdens of proof; often overlooked and underappreciated methods of presentation, such as summaries; practical pointers, such as how to value assets on the cheap; and emerging issues involving spotting and defending against “fake” evidence. The panelists will present a variety of perspectives from academia, the bench and the bar, all focused on providing practical advice on how best to prove your case (and maybe just a little about how to disprove the opposition).

This panel will explore how good faith and bad faith are used in the Code and when it matters, how “developed” these notions are in the case law, and balancing the debtor’s right to dismiss when facing a motion to convert for cause under § 1307 for bad faith. The panelists will consider Marrama v. Citizens Bank of Massachusetts and Law v. Siegel, the effect on property of the estate in a converted case under § 348 when converted in “in bad faith,” when a plan is not considered proposed in good faith under § 325, § 707(b)(3) dismissals when there is no presumption of abuse, avoiding a dismissal under § 521 related to document production, and filing a “repeat” debtor in a 7 when a 13 was filed less than six years prior under the “70% claims paid/plan proposed in good faith” exception.

Hosted by Bankruptcy Litigation & Real Estate Committees Fraud is an ever-present concern in bankruptcy cases, manifesting in various forms from False Claims Act violations to Ponzi schemes. This panel will provide practical tips and strategies for identifying, addressing and litigating fraud in the bankruptcy context.

Avoidance actions are necessary not only for crossovers, but also for stakeholders with some frequency or practice in non-mega venues. This panel will dive into avoidance actions and their role in restructuring.

This panel of bankruptcy judges from the Eighth and Tenth Circuits will discuss several recent decisions from the U.S. Supreme Court, the Eighth and Tenth Circuit Courts of Appeals and Bankruptcy Appellate Panels, and elsewhere that are likely to impact your bankruptcy practice.