Practice and Procedure

This panel will discuss the utility of Rule 2005 and sanctions.

In this candid and dynamic discussion, experienced bankruptcy judges will address the importance of adhering to the Bankruptcy Code as the foundation for successful practice and decision-making. As practitioners become increasingly reliant on precedent, creative arguments and procedural shortcuts, this session will serve as a reminder of the Code’s fundamental role in guiding bankruptcy proceedings. This discussion is designed for attorneys, trustees, and other restructuring professionals who seek to enhance their understanding of the Bankruptcy Code and its application in everyday practice. Expect lively discussion, practical advice, and a renewed appreciation for the importance of the Code in bankruptcy law.

In consumer bankruptcy cases, the ability to craft clear, concise and well-structured motions is critical to achieving favorable outcomes for clients. This panel provides practical insights into effective motion practice in bankruptcy court, focusing on strategies that enhance clarity, improve efficiency, and ensure that motions stand out for their quality and precision. Whether you are new to bankruptcy law or looking to refine your motion practice, the panelists provide you with practical takeaways to elevate your filings and effectively advocate for your clients in the bankruptcy court.

This panel explores all things evidence (well, not all), including fundamentals like presumptions, privileges and burdens of proof; often overlooked and underappreciated methods of presentation, such as summaries; practical pointers, such as how to value assets on the cheap; and emerging issues involving spotting and defending against “fake” evidence. The panelists will present a variety of perspectives from academia, the bench and the bar, all focused on providing practical advice on how best to prove your case (and maybe just a little about how to disprove the opposition).

This panel discusses idiosyncrasies and potential ethical traps of the attorney/client privilege laws in the Caymans and the U.S., and when those laws apply, even in recognition and other cross-border matters.

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. Siegel, the effect on property of the estate in a converted case under § 348 when converted in “in bad faith,” when a plan is not considered proposed in good faith under § 325, § 707(b)(3) dismissals when there is no presumption of abuse, avoiding a dismissal under § 521 related to document production, and filing a “repeat” debtor in a 7 when a 13 was filed less than six years prior under the “70% claims paid/plan proposed in good faith” exception.

Everyone knows that estate professionals must be disinterested and able to represent the debtor free of conflicts. But what happens when the professional represents a related nondebtor party — for example, the private-equity sponsor or the sole member/shareholder? What if the professional has relationships with others in the case? The professional may bring significant experience and value to the table, some being derived from its prior representation of the debtor, creditors or others involved in the case. When do these considerations outweigh the interests of the estate and the integrity of the system? Is disclosure of the potential conflicts and relationships enough? This panel will explore these and related issues to help guide professionals and judges alike.

Hosted by Legislation & Mediation Committees Using the current proposed amendments to Bankruptcy Rule 9031 as an example, this panel will provide an overview on how to add, delete or revise the Bankruptcy Rules from concept to a successful enacted rule change.

Hosted by Diversity, Equity and Inclusion & Young and New Members Committees Mentorship plays a pivotal role in fostering professional growth, nurturing talent and driving organizational success. From establishing meaningful mentor/mentee relationships to fostering a culture of continuous learning, this panel will explore practical approaches and best practices for harnessing the power of mentorship in the workplace.