The Bankruptcy Litigation Committee had a tremendous 2016! We strived to continue to provide our members with enlightening and useful substantive information while also offering enjoyable and valuable social and networking opportunities.
During 2016, our committee offered a wide variety of opportunities for ABI members to learn about timely and interesting issues facing professionals in the bankruptcy arena. The committee strives to use a variety of formats to provide opportunities to our membership: conference panels, webinars, newsletters, books, conference calls, listserve contributions and networking events.
- At the 2016 Annual Spring Meeting, the committee paired with the Mediation Committee to present “War and Peace: Recent Trends and Developments in Bankruptcy Litigation and Mediation?” Panelists were B. Summer Chandler, Chandler Law Firm, LLC, Panama City Beach, Fla.; C. Edward Dobbs, Parker, Hudson, Rainer & Dobbs LLP, Atlanta; Eric D. Madden, Reid Collins & Tsai LLP, Dallas; and Hon. Gregg W. Zive, U.S. Bankruptcy Court (D. Nev.). If you missed it, the session recording can be found online.
- At the 2016 Winter Leadership Conference, we teamed with the Commercial Fraud Committee for a joint panel entitled “The Supreme Court Casts a Wide Net for Actual Fraud Under § 523: Husky and Its Potential Impact.”
- On May 17, 2016, we paired with the Unsecured Trade Creditors Committee to present a webinar entitled “§ 503(b)(9) Claims from the Trenches: Debtor and Creditor Perspectives,” which was viewed by 100 live attendees. Speakers were Mark Felger, Cozen O’Connor, Wilmington, Del.; Jill Bienstock, Cole Schotz P.C., Hackensack, N.J.; and Luke Murley, Saul Ewing LLP, Wilmington, Del.
- The committee will have issued three topically focused newsletters (mediation, IP in bankruptcy, and the recharacterization of debt and equity) by the end of this year. Articles in these newsletters include analyses of recent case law, a discussion of § 510(b) of the Bankruptcy Code, practical techniques for a successful mediation, and guidance on using e-discovery in avoidance actions and asset sales. The mediation-themed newsletter was co-sponsored with the Mediation Committee, and the committees also issued a special joint newsletter that (1) discussed the results of a survey of the committees’ members about mediation views and (2) included expert analysis of the standards of conduct for advocates and mediators in bankruptcy settlements.
- This year, the committee continued hosting committee-wide conference calls that followed the newsletters. The conference calls provided the newsletter authors the opportunity to expand upon their articles and to demonstrate a sophisticated understanding and appreciation of the topic. Further, it provided access to the authors for committee membership, allowing them to ask additional questions, provide comment and share their experience and expertise about a topic. Participation has grown, and the discussions are very informative.
- The Bankruptcy Litigation Committee is certainly not all work and no play! In 2016, it again organized meetings and social events at national and regional ABI conferences in order to bolster membership, encourage members to become active in the committee and provide valuable networking opportunities.
- In addition to continuing to offer quality educational and networking opportunities and publishing our issue-focused newsletters, the ABI Task Force on Litigation Trusts, as part of the Bankruptcy Litigation Committee, published its “Practitioner’s Guide to Liquidation & Litigation Trusts” in 2016. The Task Force received significant contributions from its members.
The work of the committee is only possible because of the committee’s active and committed board and membership. We take this opportunity to thank all of you for your contributions and support! If you are a current member of the Bankruptcy Litigation Committee, we hope you continue your involvement with our committee. If you are not yet a member of the committee, we hope you will join us in 2017!