Bankruptcy Litigation Committee

In 2005, Congress enacted sweeping changes in the Bankruptcy Code in a law commonly known as BAPCPA (bap-SEE-puh).  Most insolvency professionals recognize BAPCPA’s changes to consumer bankruptcy, such as the means test, modifications to the discharge exceptions and new limits on homestead exemptions.  But BAPCPA affected business bankruptcy too, making chapter 12 permanent and creating the notion of a “small business case” in chapter 11. As BAPCPA turns 20, this panel reflects on its past two decades: what worked, what didn’t, and what might come next.

Fraud is an ever-present concern in bankruptcy cases, manifesting in various forms from False Claims Act violations to Ponzi schemes. This panel will provide practical tips and strategies for identifying, addressing and litigating fraud in the bankruptcy context.

The panel of judges and scholars, moderated by ABI’s Bill Rochelle, will discuss the Supreme Court’s most recent bankruptcy decisions to identify trends and predict where the Court is going when it comes to bankruptcy law. Topics will include the erosion of the bankruptcy court’s equity power, nondebtor releases and equitable mootness.

The bankruptcy process requires the management of the bankruptcy estate’s bank accounts, client accounts and business records, in addition to the management and processing of claims, claim distributions, adequate assurance deposit accounts, asset recovery, and many other financial and legal demands. Each one of these is a point of business email compromise (BEC) vulnerability. BEC attacks are the most costly form of cyberfraud for all businesses. This session will focus on best practices to use to protect your clients and yourself from this pervasive fraud.

It’s been six years since ABI released the Second Edition of ABI's Quick Evidence Handbook. Join us for a reunion of some of the handbook’s authors to discuss developments in evidence law, and how issues discussed in the handbook have played out in practice.

The panelists will discuss the pros and cons of seeking the appointment of a chapter 11 trustee, effective strategies to prosecute and defend motions to appoint a trustee, and the current state of the case law surrounding such motions.

When retained causes of action are the only recoveries for residual stakeholders, having the right toolkit —with tools sharpened and up to date — is essential to preserving and maximizing value.

In today’s bankruptcy world, most major cases involve at least one pre-petition class action. This panel will focus on the distinction between mass tort claims and other types of class actions, recent case law addressing the proper procedures for asserting class claims, the allowance of class claims and compensation of class counsel, and the final resolutions of class claims, either by way of settlement or pursuant to plans. Other cutting-edge issues surrounding class claims also will be discussed.

Hosted by the Bankruptcy Litigation and Commercial Fraud Committees. This panel will explore whether and how far U.S. avoidance provisions might apply extraterritorially, and will discuss the challenges and pitfalls of alternate theories of recovery.

The Unsecured Trade Creditors Committee's May Tips of the Trade call featured Neil Steinkamp of Stout Risius Ross, LLC, who discussed the ordinary course of business defense in the context of preference analysis.