Practice and Procedure

The workshop features Chief Bankruptcy Judges Dennis R. Dow (W.D. Mo.), C. Ray Mullins (N.D. Ga.), Brendan Linehan Shannon (D. Del.), Cecilia G. Morris (S.D.N.Y), and Barbara J. Houser (N.D. Tex.), who will discuss recent circuit splits and hot topics, including the application of the absolute priority rule in individual chapter 11 cases, artificial impairment, structured dismissals, intellectual property licenses, equitable disallowance and § 502(d) issues, and more.

The workshop features Chief Bankruptcy Judges Dennis R. Dow (W.D. Mo.), C. Ray Mullins (N.D. Ga.), Brendan Linehan Shannon (D. Del.), Cecilia G. Morris (S.D.N.Y), and Barbara J. Houser (N.D. Tex.), who will discuss recent circuit splits and hot topics, including the application of the absolute priority rule in individual chapter 11 cases, artificial impairment, structured dismissals, intellectual property licenses, equitable disallowance and § 502(d) issues, and more.

Use of judges as mediators; when is the right time to mediate?; when will discovery or a ruling on a key issue facilitate mediation?; who should attend?; what information should be exchanged and what should be confidential to the mediator?; possible case study of ResCap mediation or other example

What are the consequences of using § 9019 settlements as a means of resolving primary intercreditor disputes?; does application of settlement approval standards effectively alter § 1129 standards?; do settlements become sub rosa plans?; is the door open for “involuntary settlements” based on a debtor’s assessment of litigation probabilities?; other related issues might include “gifting” through § 9019 in the Third Circuit vs. the Second Circuit, plan-support agreements, absolute priority rule/new value plan (Castleton Plaza), equitable mootness (Charter/SemCrude); fee reimbursements for participants (Lehman, AMR)

This panel will discuss a variety of issues arising due to the explosion of social media communications. Topics will include property rights, evidence, spoliation, ethics and trustee investigation duties.

A panel of participants in ABI’s Civility Task Force will discuss the work of the task force in an interactive program designed to further the conversation about civility in our profession.

"As the U.S. Trustee guidelines for large chapter 11 cases are nearing their six-month anniversary, this panel will discuss how the guidelines have been implemented, what reception they have received from the courts and whether they have changed the way large chapter 11 cases are administered."

This panel will explore the tension between the fundamental tenets of disclosure and due process in bankruptcy cases and the increasing trend toward confidentiality, whether legitimate or not.

The Judicial Conference Advisory Committees on Bankruptcy and Civil Rules have proposed amendments to their respective rules. This panel will discuss the proposed rule changes and the impact they will have on bankruptcy case administration.

A panel of judges will discuss best practices in oral and written advocacy.