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Venue/Jurisdiction

ABI Talks: Bankruptcy Ideas Worth Sharing

Sponsored by Riordan, Fincher & Mayo, P.A. Following the Money: Tracing Financial Transactions in Popular Phone Apps Rachel L. Foley Foley Law, PC | Independence, Mo. An Analytical Review of Reversals/Affirmance Rates Between BAPs and District Courts Jacklyn M. Branby Snell & Wilmer L.L.P. | Phoenix The Unconstitutionality of Chapter 11 UST Fee vs. Non-UST Fee Districts Nicholas J. Zluticky Stinson LLP | Kansas City, Mo. SBRA and Chapter 12 Definitions for Qualifying Debtors Mark A. Craige Crowe & Dunlevy | Tulsa, Okla.

The Wrath of Stern

What are the constitutional limits of bankruptcy court jurisdiction and authority? This panel will discuss recent decisions implicating Stern v. Marshall to see when and how courts are addressing limits on jurisdiction and authority. The panelists will analyze when state law actions may be maintained in bankruptcy court and when the bankruptcy court can enter final orders and review key local rules. Additionally, the panelists will provide strategies for how to address matters where a bankruptcy court cannot issue final orders.
1 hour 11 minutes 38 seconds

Know When to Hold ‘em, Know When to Fold ‘em: Lessons from the Caesars Bankruptcy

This panel will provide a lively discussion of valuation, liability management transactions, corporate governance, ethics and the bankruptcy process set against the backdrop of the Casears restructuring and chapter 11 case. The panelists, all of whom were intimately involved in the Caesars bankruptcy as principal, advisor or journalist, will offer their unique insights into this fascinating chapter 11 case and the lessons (legal, practical and ethical) it teaches for restructurings today.
1 hour 13 minutes 52 seconds

Equitable Mootness: What Should the Law Be?

This panel will take a look at the current state of the law related to equitable mootness, equitable subordination and other equitable doctrines.
1 hour 2 minutes 45 seconds

Examining Venue, Ethics and Bad-Faith Issues in 2020/2021 Bankruptcy Filings

Recent large bankruptcies like NRA, Boy Scouts of America, Roman Catholic Archdiocese, Purdue Pharma and J&J have invigorated debate over the longstanding issues of venue and bad faith in bankruptcy. This panel will explore matters surrounding venue and bad-faith filings, related ethics considerations, and the newest wave of reform initiatives.
1 hour 14 minutes 24 seconds

Circuit and District Court Splits on Important Bankruptcy Issues with Bill Rochelle & Friends

Join ABI Editor-at-Large Bill Rochelle as he hosts a panel of bankruptcy judges to discuss circuit splits on important bankruptcy issues. Back again from the Annual Spring Meeting, this attendee-favorite panel will be presented in a fun game show format, where judges will vote to resolve the issues before they reach the U.S. Supreme Court.
1 hour 1 minutes 9 seconds

NCBJ Micro Topic Salon 10: Liquidating Trusts

What is in a liquidating trust agreement? What sections of the Bankruptcy Code continue to apply? Is a liquidating trustee really an estate representative under 1123(b)(3)? If so, what are the limits? What liquidating trust issues should the bankruptcy court retain jurisdiction over and what should be kicked to state court given it is a trust created under state law?
43 minutes 54 seconds

Welcome & Crossover Ethics Topic: Strategies and Risks of Bankruptcy as a Response to State Court Litigation

This session addresses when a bankruptcy court will accept jurisdiction and control of pending state court litigation upon the filing of a bankruptcy case by an involved party. Topics include removal, abstention, stay relief and remand, as well as the strategies and risks of filing bankruptcy in hopes of having a state court action removed to bankruptcy court.
1 hour 12 minutes 23 seconds