Bankruptcy Litigation

This panel will explore key bankruptcy litigation issues that are currently the subject of significant interest and debate, including (1) how bankruptcy courts address gerrymandering in the classification context, and how such concerns may arise in connection with liability-management transactions; (2) how debtors may attempt to effect "backdoor" estate releases through sale transactions whereby the buyer of the assets acquires estate claims and causes of action, and whether such attempts invoke concerns of a sub rosa plan; and (3) how the standard of adequate protection should be interpreted

Think you know what evidence makes it into the record — and what gets tossed? This interactive session will present real-world-inspired hypotheticals highlighting evidentiary challenges in chapter 11 cases. From valuation disputes to insider transactions and confirmation battles, you’ll be asked to weigh in: Is it admissible? Is it persuasive? Is it even relevant? Join us as we explore the fine line between proof and puffery in the bankruptcy courtroom. Audience participation is not just encouraged — it’s required!

In our adversarial system, about half of us will disagree with the judge’s ruling. Yet statistically speaking, only a couple of bankruptcy-related cases reach the Supreme Court in any given term. This panel focuses on the first level of appeals to district courts or bankruptcy appellate panels, including whether the party has standing, whether the appeal is ripe and/or interlocutory, and the hot-button issue of mootness.

Every now and then, a reviewing court issues a decision that seems contrary to the statutory language or underlying policy of the Bankruptcy Code. Perhaps it was a decision based on bad or unusual facts; perhaps it was a decision that focused on the text more than the policy of the Code. Regardless, practitioners and bankruptcy judges must work with these decisions in cases before them. This panel will talk about the appellate decision-making process.

This panel will explore how good faith and bad faith are used in the Code and when it matters, how “developed” these notions are in the case law, and balancing the debtor’s right to dismiss when facing a motion to convert for cause under § 1307 for bad faith. The panelists will consider Marrama v. Citizens Bank of Massachusetts and Law v.