Bankruptcy Litigation

With the Supreme Court due to hear oral argument on a critical bankruptcy case on January 14, ABI has released the following free video preview of the upcoming High Court bankruptcy cases. This 75 minute program features ABI Resident Scholar Kara Bruce talking with noted appellate advocate and law professor Eric Brunstad (Dechert LLP; Hartford, Conn.). Eric has argued many cases before the Court and is an expert in bankruptcy appellate practice. He discusses in depth Law v. Siegel, which questions whether the court may use its general equitable authority under §105 of the Bankruptcy Code to surcharge a debtor's exempt assets, and Executive Benefits Insurance Agency v. Arkison (In re Bellingham), which will address the bankruptcy court's authority to adjudicate Article III matters. The latter case will be argued in January and represents another opportunity for the Court to clarify (or reverse) its holding in Stern v. Marshall. He also provides a candid view of what it is like to argue a case before the Court.

A Preview of upcoming Supreme Court bankruptcy cases, featuring ABI Resident Scholar Kara Bruce talking with Eric Brunstad of Dechert LLP (Hartford, Conn.) to preview the bankruptcy cases that the Supreme Court will consider during its 2013 term. Brunstad, who has argued many cases before the Court and is an expert in bankruptcy appellate practice, discusses in depth Law v. Siegel, which questions whether the court may use its general equitable authority under §105 of the Bankruptcy Code to surcharge a debtor's exempt assets, and Executive Benefits Insurance Agency v. Arkison (In re Bellingham), which will address the bankruptcy court's authority to adjudicate Article III matters. He also provides a candid view of what it is like to argue a case before the Court and an in-depth analysis of the issues involved with the upcoming cases. Here is a short preview:

Plenary Session

IP experts will shed light on the mysteries of understanding IP law and navigating the often-puzzling sales processes, drawing from their experiences in Nortel, Kodak and other important cases.

This panel will explore the basics of chapter 11 cases through the lenses of bankruptcy judges, U.S. Trustees, debtor's counsel, unsecured creditors’ committees and individual creditors. There will also be a particular focus on litigation strategies and skills, as chapter 11 filings continue to be more sale-oriented, resulting in a greater emphasis on claims and avoidance litigation.

“Group Privileges”: What are the limits of the attorney-client and work-product privileges that can be asserted by official committees and their members? Ad hoc committees and their members? Bank syndicates and their members; Conflicts: Latest developments in disclosure and disqualification, the use of conflicts counsel, UST Guidelines, etc.; The New U.S. Trustee Guidelines: What ethical concerns are raised by the new UST Guidelines on professional retention and fee applications (including issues relating to attorney/client privilege)? Are there limits on the proper disclosure of a firm’s billing practices and/or “blended” rates?

Law Firm Bankruptcies and Certain Issues that Have Arisen in Them, Including the WARN Act and Recent Case Law

Professional Development Track: The Dos and Don’ts of Discovery in the Bankruptcy World This panel will explore effective strategies for navigating the world of discovery in bankruptcy cases. Topics will include effective use of 2004 examinations, document subpoenas and deposition testimony, as well as other issues.