Bankruptcy Litigation

This panel will help you analyze the strategic twists and turns of taking bankruptcy appeals. When can you appeal? When should you? And if you have a choice of appellate courts (district court, BAP, court of appeals), how do you decide which to select? The panelists will share from their collective experience on both sides of the bench, including best practices — and perhaps a horror story or two.

This panel will discuss how to develop litigation skills in the production, limitation and introduction of testimonial and documentary evidence. The panelists will cover strategies for both introducing evidence and dealing with objections to or limitations on an opponent’s evidence.

Beyond a general overview of the fraudulent transfer elements under state law and the Bankruptcy Code, this panel will dissect recent fraud-related litigation topics and share personal experiences in representing and adjudicating such matters. Understanding who may be the subject of a fraudulent claim in bankruptcy, when a fraudulent transfer claim may arise, the ever-developing defenses to fraud, and the consequences for not complying with fraud-related discovery are just some of the issues that will be addressed in this panel. As more cases are filed because of, or in order to pursue, fraud claims, the panelists will provide their perspectives and highlight considerations of which all professionals should be aware.

This panel will lead attendees through negotiating and crafting polished purchase agreements and sale pleadings to avoid contested sale hearings and post-closing disputes.

Professionals are critical to maximizing estate assets and confirming reorganization plans. This interactive panel, comprised primarily of nonlawyers and estate professionals, will highlight effective and ineffective uses of professionals, and will define best practices in working with professionals so that attorneys and professionals can better serve debtors and trustees.

The bankruptcy process requires the management of the bankruptcy estate’s bank accounts, client accounts and business records, in addition to the management and processing of claims, claim distributions, adequate assurance deposit accounts, asset recovery, and many other financial and legal demands. Each one of these is a point of business email compromise (BEC) vulnerability. BEC attacks are the most costly form of cyberfraud for all businesses. This session will focus on best practices to use to protect your clients and yourself from this pervasive fraud. The panelists also will address bankruptcy-specific issues and tactics, with FBI agent discussions regarding the latest threat intelligence and prevention strategies.

This panel will explore issues related to the conversion of cases between the various chapters, including questions related to property of the estate, exemptions, a debtor’s “right” to convert, nonconsensual conversions, post-petition asset appreciation, post-petition debt, procedural matters, and other considerations that can arise in the context of a converted case.

This session will focus on various aspects of bringing and litigating multi-count causes of action springing from fraud, and how to uncover hidden assets in the context of fraud-based avoidance actions.