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Your client is getting ready to sign an agreement with another party. Maybe it is a loan document. Maybe it is an offer to purchase. Somewhere near the end of the agreement, you see that there is bold, capitalized language indicating that by signing this agreement, your client will waive its right to a trial by jury. It is standard in nearly all contracts so you do not even bat an eye about advising your client to sign. After all, what are the benefits to having your case heard by a jury?

At the Winter Leadership Conference, the Bankruptcy Litigation Committee and the Commercial Fraud Task Force presented a joint program in the form of a mock hearing on a motion to appoint a trustee. The co-chair of the Litigation Committee Judge Barry Russell, presided, and kept all attendees (and presenters) in suspense until the conclusion of the hearing.

At the Winter Leadership Conference, the Bankruptcy Litigation Committee and the Commercial Fraud Task Force presented a joint program in the form of a mock hearing on a motion to appoint a trustee. The co-chair of the Litigation Committee, Judge Barry Russell, presided, and kept all attendees (and presenters) in suspense until the conclusion of the hearing. Dramatic testimony was offered by Cyrus Pardiwala, playing the CPA for the moving party seeking the trustee and also the evil twin CPA for the Debtor seeking to remain in possession.

ABI's 26th Annual Spring Meeting, the networking and CLE event of 2008, will be held April 3-6 at Washington, D.C.'s Renaissance Hotel in the Nation's Capital! Join us during cherry blossom season for exciting and informative sessions, including a luncheon keynote by Supreme Court Justice Samuel A. Alito, Jr.

At the Winter Leadership Conference, the Bankruptcy Litigation Committee and the Commercial Fraud Task Force presented a joint program in the form of a mock hearing on a motion to appoint a trustee.

Your client is getting ready to sign an agreement with another party. Maybe it is a loan document. Maybe it is an offer to purchase. Somewhere near the end of the agreement, you see that there is bold, capitalized language indicating that by signing this agreement, your client will waive its right to a trial by jury. It is standard in nearly all contracts so you do not even bat an eye about advising your client to sign. After all, what are the benefits to having your case heard by a jury? Jury trials take longer, and juries are unpredictable.

At the Winter Leadership Conference, the Bankruptcy Litigation Committee and the Commercial Fraud Task Force presented a joint program in the form of a mock hearing on a motion to appoint a trustee. The co-chair of the Litigation Committee, Judge Barry Russell, presided, and kept all attendees (and presenters) in suspense until the conclusion of the hearing. Dramatic testimony was offered by Cyrus Pardiwala, playing the CPA for the moving party seeking the trustee and also the evil twin CPA for the Debtor seeking to remain in possession.

Section 365(f) of the Bankruptcy Code permits a debtor to assume and assign an executory contract so long as adequate assurance of future performance is provided to the nondebtor party. However, the phrase “adequate assurance of future performance” is not defined in the Bankruptcy Code, and thus courts must interpret its meaning.

With bankruptcy filings back on the rise, it’s natural for the more efficiency-minded among us to look for ways in which to speed along the restructuring process. Boilerplate notice provisions in court orders are a common method for accomplishing this task, helping speed cases along to conclusion. If, however, such a provision precedes a fundamental change in a case, such as dismissal, is the boilerplate notice really sufficient? In short, does simply stating that an order provides sufficient notice under 111 U.S.C.