Bankruptcy Litigation

This session will feature a mock trial of a fraudulent-transfer case demonstrating email, Facebook, Instagram, smartphone, messaging and metadata issues.

Neither the Bankruptcy Code nor the Bankruptcy Code’s legislative history contains an exception to the Federal Arbitration Act (FAA). As a result, bankruptcy courts grappling with whether to enforce an arbitration clause in bankruptcy have focused on whether there is an inherent conflict between the Bankruptcy Code and enforcement of arbitration pursuant to the FAA. The determination that arbitration is required could be the death knell for bankruptcy debtors. This panel will explore, in instances where arbitration is required, how to avoid jeopardizing the central objectives of the Bankruptcy Code that enable debtors to obtain a fresh start, as well as how to ensure uniformity of results to avoid what could be “wildly inconsistent” outcomes in arbitration that impact debtors on an individual and case-by-case basis.

This session will provide practical tips from professionals — everything a mid-level associate should know about how to prepare a company to file chapter 11, as well as the coordination among advisors that is necessary along the way.

This session will provide practical tips from professionals — everything a mid-level associate should know about how to prepare a company to file chapter 11, as well as the coordination among advisors that is necessary along the way.

The panelists will provide a practical checklist for preparing — and delivering — effective oral arguments, and will explore which strategies have worked best for them throughout the years, highlight pitfalls to avoid, and provide valuable reminders to practitioners at all levels of experience. Finally, the panelists will respond to questions and offer strategies to help young lawyers seek (and obtain) oral argument opportunities.

Appeal granted; decision reversed. This panel will offer practical advice and best practices and strategies related to preserving, presenting and winning bankruptcy appeals. The panelists will also discuss some of the most demanding legal and subject-matter challenges confronting appellants as they seek to reverse unfavorable bankruptcy court rulings.

This panel will address best practices and evidentiary issues regarding the testimony of experts. The issues will be presented in a mock-examination format with audience participation.

This panel will provide an evidence overview and primer to cover the surface issues and underlying basic evidence considerations practitioners should contemplate for their practices.

This panel will discuss the use of third-party litigation financing in bankruptcy and in litigation and liquidation trust matters, and will address such issues as the different causes of actions and general characteristics of litigation considered, uses for funds and the general structure of financing, ethical issues concerning the funder relationship, and examples of successful uses of litigation financing — as well as things that can go wrong and how to avoid them.