Bankruptcy Process and Procedure

Training Law Students and Young Lawyers on the Use of AI Perhaps the focus on the interaction of professors and law students -- who already are using generative AI, unlike those in law firm, which currently mostly are banning its use -- will get people thinking more specifically about its imminent impact on the profession. In a fairly recent conversation with Jared Ellias, he noted that he and his colleagues have been observing that some students at Harvard are using it as a very helpful tool while for others it is a crutch that actually keeps them from learning to think like lawyers. Is it just a matter of more heavily emphasizing how to ask the program the right questions? But how do you ask the right questions if you don't yet know the underlying subject matter? I also know that LEXIS and/or WestLaw have given effective presentations fairly recently to ABA leadership on generative AI. Other Ret. Judge Drain by Harner Judge_Harner@mdb.uscourts.gov US Bankruptcy Court

Exporting Corporate Bankruptcies Explore the potential use of foreign restructuring schemes that offer more favorable tools (e.g., third party releases) to reorganize US sub of foreign holding company and then use the chapter 15 process in the states (e.g., In re Vitro, In re Modern Land, etc.). Could coordinate with International Board Committee and include international speakers. Business Suggested Speakers Michelle Harner Judge_Harner@mdb.uscourts.gov US Bankruptcy Court

Social Issues in Government Bankruptcies This proposal is based on a course being taught currently at Georgetown Law. The syllabus is attached.
"Are bankruptcy laws racist? Does systemic racism or colonialism lead local governments in the United States to go bankrupt? Or do local governments seek bankruptcy due to fiscal distress caused by macro-economic forces and governance failures in managing those forces? Using locations such as Puerto Rico and Detroit as focal point case studies, this seminar will examine these questions using a variety of primary and secondary sources including budgetary documents, enabling statutes, excerpted law review articles, and select judicial decisions in order to answer the key questions presented in this course." Other Suggested Speakers Michelle Harner Judge_Harner@mdb.uscourts.gov US Bankruptcy Court

Can Bankruptcy Help Companies Facing Potential Liability for "Forever Chemicals"? When we were discussing potential topics for WLC, we gently chewed on PFAS contamination, including the Kidde Fenwall filing in Delaware and a separate problem for 3M, one of the primary manufacturers. We may want to revisit this potential topic when we begin planning for ASM (see link below).
Perhaps the blueprint for these cases is somewhat similar to TCE contamination (that has recently returned to the headlines as the EPA seeks comment on a ban of the solvent). The challenge would be not to reproduce past environmental programs. And, we may ultimately conclude that the topic is not quite ripe for this Spring.
https://www.bloomberglaw.com/bloomberglawnews/bankruptcy-law/XAM20A6K000000?bna_news_filter=bankruptcy-law#jcite
Business Suggested Speakers Judge Gregg by Harner Judge_Harner@mdb.uscourts.gov US Bankruptcy Court

What Exactly is the Role of the Subchapter V Trustee? Analysis of the proper role, powers and duties of a Subchapter V trustee. These cases are increasingly prevalent and the personalities and styles of the SubChapter V trustees are all over the Board. Some insist on a carved-out escrow at the beginning of the case and do nothing but suck up fees. Some come in with all guns blazing, act as an adjunct counsel for the debtor and take actions, and file motions, to protect an otherwise hapless debtor’s counsel. Very few actually fill the role that Congress and the Federal Judicial Conference intended, which I believe to be acting as an intermediary to resolve issues and disputes that stand in the way of confirmation. Business Suggested Speakers Richard Carmody by Harner Judge_Harner@mdb.uscourts.gov US Bankruptcy Court

Using AI to Your Advantage Would welcome a panel that explores actual and positive uses of generative AI in the operation of the clerk's office, law firms, and chambers. Other Judge Cary by Harner Judge_Harner@mdb.uscourts.gov US Bankruptcy Court

Venue Drivers What are the driving issues that make potential debtors and lenders chose a venue. I know that it might be the attraction of a “rocket-docket” but there are other issues that historically have been part of the decision: 1) union contract issues, 2) stub-rent issues, 3rd party nonconsensual releases. Business Judge Thorne by Harner Judge_Harner@mdb.uscourts.gov US Bankruptcy Court

Subchapter V Plan Confirmation Issues Creditor apathy and policies of government agencies to not vote on chapter 11 or subchapter V plans can pose a real issue for a chapter V debtor trying to achieve a consensual plan. Practical and policy issues should be explored. Other Judge Oldshue by Harner Judge_Harner@mdb.uscourts.gov US Bankruptcy Court

Great Debates Topic: "Resolved, a creditors committee has the unconditional right to intervene in an adversary proceeding." There is a clear split of authority on this issue, with the First, Second, and Third Circuits in the majority, and the Fifth Circuit (and me) in the minority. See In re Bal Harbour Quarzo, LLC, 638 B.R. 660 (Bankr. S.D. Fla. 2022). Attendees will hear arguments on both sides of this issue, including policy and practical concerns raised by each position. Business Suggested Speakers Scott Grossman smgrossman@flsb.uscourts.gov U.S. Bankruptcy Court, Southern District of Florida

The Supreme Court's Decision in Purdue: Now What? I know that we have had too much on Purdue, torts, and non-consensual releases but the Supreme Court might rule around the time ASM takes place. If there is a very new ruling, we might want to consider having an impromptu panel to discuss the result. For example, third party releases are no longer permissible, now what do we do, or, third parties release are permissible but only if x, y, and z are present, etc. Business John Lucas jlucas@pszjlaw.com Pachulski Stang Ziehl & Jones