Bankruptcy Litigation

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.

2017 Annual Spring Meeting - Long Claw of the Law: The Limits of Clawback Actions

This session hosted by the Bankruptcy Litigation and Young and New Member Committees will focus on the limits of avoidance actions by bankruptcy trustees in Ponzi scheme cases, including arguments about the expansion of the look-back period to 10 years, trustee standing, clawbacks from noninvestor sources, in pari delicto and how trustees decide whom to sue.

Long Claw of the Law: The Limits of Clawback Actions

Committee Webinar - Everything You Need to Know About Bankruptcy Appeals

This panel will explore the nuts and bolts of bankruptcy appeals, taking into account the needs of one’s clients, examining the do’s and don’ts for an effective appeal, discussing the differences of appealing to the Bankruptcy Appellate Panel versus electing to proceed before the district court, the limits of appellate jurisdiction over interlocutory appeals, and addressing strategies for a successful appeal.

Committee Webinar - Everything You Need to Know About Bankruptcy Appeals

The Fifth Circuit Recognizes Broad Immunities for Trustees and Their Counsel

Trustees and their counsel can breathe easier in the Fifth Circuit.

State Sovereign Immunity Bars Adversary Proceeding Concerning Tax Refunds

Before litigating an adversary proceeding or contested matter against a state or its agencies, plaintiffs would be wise to consider whether the state entity has a colorable sovereign immunity defense.[1] In In re La Paloma Generating Co.,[2] Delaware Chief Bankruptcy Judge Christopher S.

Ninth Circuit (Sort of) Splits from First Circuit to Hold that § 106(a)’s Waiver of Sovereign Immunity Extends to Emotional Distress Damages for Willful Stay Violations

In enacting § 106(a) of the Bankruptcy Code,[1] Congress waived the government’s ability to assert the defense of sovereign immunity with respect to a variety of Bankruptcy Code provisions.[2] Section 106(a) specifically authorizes the court to “issue against a governmental unit an order, process, or judgment under such sections or the Federal Rules of Bankruptcy Procedure, including an order or judgment awarding a money recovery, but not including an award of punitive da