Bankruptcy Litigation

Legal and Practical Issues and Implications of Enforcing Judgments Inside and Outside of Bankruptcy

After 180 Days, Confirmation Can’t Be Vacated, Even for the Best of Reasons

Federal Rule 60(b) can’t ‘end run’ Section 1144, Bankruptcy Judge Kimball holds.

“Wait, Wait; Don’t Tell Them!”

A corny idea clearly inspired by the NPR show “Wait, Wait; Don’t Tell Me!” The format could include any of that show’s components, including audience polls about which of several possible alternatives correctly answers a short privilege question, with an explanation from the panel. It can be as basis or as complicated as folks think would work, and could be based on actual opinions. There’s a lot to work with here, and it could be fun. I did suggest this idea to NCBJ about 15 years ago, but I don’t think they ever presented it, at least not in the context of privileges. It could easily apply to consumer and commercial practitioners, so I am deliberately not selecting a single target audience. This session will sharpen your skills in identifying and correctly applying applicable privileges (some basic, some more complicated) in a variety of bankruptcy litigation contexts. The program will include privilege issues common to both consumer and commercial practice. Other Bruce Harwood bruce_harwood@nhb.uscourts.gov US Bankruptcy Court (D NH)

District Court Narrowly Reads a Nondebtor Release in a Sale-Approval Order

A potential bidder wasn’t barred from suing the successful bidder outside of bankruptcy court.

Not just Maple Syrup and Hockey: Tips and Tricks from North - Developments in Canadian Law that could be imported to the US

The focus of the panel would be to identify uniquely Canadian distressed deal structures and litigation techniques that could be imported to the American restructuring practice. Would cover developments from coast to coast by including at least 3 Canadian practitioners from the West Coast, Central Canada and Quebec would be selected once the audience was determined. For example key points would be: could you get a reverse vesting order under Chapter 11? Practictioners will learn new techniques and strategies unique to Canada. Business Natasha MacParland nmacparland@dwpv.com Davies Ward Phillips & Vineberg LLP

Fifth Circuit Reaffirms the Use of ‘Gatekeeping’ Orders

As a follow-up to Highland Capital Management, the Fifth Circuit explained when gatekeeping orders are appropriate.