Bankruptcy Litigation

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.

This panel will discuss a selection of cases that raise current substantive bankruptcy issues and litigation challenges, including how to convince a bankruptcy court to extend the automatic stay (or issue an injunction) to protect debtor-related (but nondebtor) entities from tort or other litigation that could interfere with the plan process (e.g., Robertshaw (S.D. Tex. 2024); Roman Catholic Diocese of Rockville Center (S.D.N.Y. 2023)); how best to present valuation evidence for unusual, complex and illiquid assets, including mortgage-backed securities, derivatives and crypto assets; and how to deal with evidentiary issues — particularly relating to damages — arising in “liability management” litigation. The panelists will conclude with a rapid-fire presentation of successful bankruptcy litigation tips.

This panel will discuss and explore the legal bases and practical implications of enforcing a judgment in the context of a bankruptcy case and utilizing state law procedures and remedies. In the context of a bankruptcy case, the panelists will explore issues related to judgments that are nondischargeable or may be nondischargeable, relief from the automatic stay, foreign judgments and their interplay with chapter 15 proceedings, and judgments against nondebtor subsidiaries where assets of the debtor entities might be implicated. Outside of bankruptcy, the panelists will focus on the judgment enforcement mechanisms and tools that exist under New York law, as well as domesticating a foreign or federal court judgment from another state for enforcement in New York.

Two lawyers who regularly handle bankruptcy appeals, along with a district court judge who hears bankruptcy appeals, will lead this panel focused on key bankruptcy appeal topics.

Hosted by ABI's International Committee This is the second in a series of webinars that will cover key jurisdictions around the globe, focusing on developments you and your clients need to consider when thinking about bankruptcy-type proceedings in foreign jurisdictions. What you don’t know may hurt your clients, and you can’t just assume that the same rules apply as in the U.S. For this second webinar, the panelists will be examining the situation in Brazil, Canada, the Caymans and Mexico.

This panel will provide an interactive presentation focused on litigating fraud in consumer cases under §§ 523 and 727. The panelists will focus on collateral estoppel issues, procedural considerations, tips for discovery and the development of relevant evidence, and will provide practical advice about handling these cases before the courts.