The Mediation Committee is off to a strong start in 2025! On March 3, 2025, the Mediation Committee hosted a webinar titled, “Amending Bankruptcy Rule 9031: Recent Efforts to Expand Bankruptcy Judges’ Toolboxes.” It featured Hon. Michael B. Kaplan (D. N.J.), Merril Hirsh of the Academy of Court-Appointed Neutrals and Sylvia Mayer of S.
The International Committee community continues to grow! We’re excited to welcome our newest member to the committee:
The ABI International Latin America Insolvency Symposium took place in Mexico City, September 8-10, 2024, bringing together prominent bankruptcy judges and experienced practitioners.
Author’s Note: This is an edited excerpt from the author’s forthcoming master’s thesis, a larger-scope comparative study on “wrongful trading” in England under Insolvency Act 1986, s 214 and the tort of “deepening insolvency” in some U.S. states.
As your co-chairs, we are very excited to welcome new members to the committee, and we also look forward to connecting with longtime committee members. We thank those who have contributed articles to this newsletter (and to Simon Eickmann and Olya Antle for acting as editors).
Perhaps against expectations, 2024 included considerable bankruptcy activity in the U.S.
The Business Reorganization Committee had a busy and successful 2024, and we are already looking forward to another great year in 2025.
Recently, Hon. Christopher G. Bradley, sitting in the U.S. Bankruptcy Court for the Western District of Texas (Austin), explored the scope of the bankruptcy court’s oversight when a chapter 11 debtor in possession (DIP) needs to retain counsel to pursue its own interests separate from those of the bankruptcy estate.[1]
The first step you take as an attorney may be to bring in a new matter, but the essential second step is to ensure that the representation is proper.[1] Accordingly, it is important to understand the requirements of the Bankruptcy Code and other guidelines relating to disclosures, conflicts and, ultimately, retention.
This webinar will discuss efforts currently underway to amend Bankruptcy Rule 9031 to expand judges’ toolboxes and allow for the appointment of special neutrals (a.k.a. special masters), and will focus on practical considerations in evaluating such an amendment.
This panel will discuss the strategic use of valuation evidence throughout the life of a chapter 11 case, from financing and sale process to confirmation and fraudulent conveyance/other litigation.
This session will provide an overview of recent high-profile cases, including those of FTX, Kenneth Chesebro, Rudy Giuliani and Judge David R. Jones, and discuss the ethical issues raised, including the limits of advocacy, responsibility of the profession, duty of candor and truthfulness, prohibition on assisting in criminal activity, and the duty to report professional misconduct.
This panel will discuss various issues arising from the development of a new class of collateral: that which is remotely controllable. The concept of a secured creditor controlling its collateral is of course not a new or novel concept. However, the ability of secured creditors to control their collateral remotely is growing rapidly as new technology and new types of assets are developed.
This panel will discuss the impact on consumers, and consumer bankruptcy cases, when a consumer lender or loan-servicer files for chapter 11.
Get ready to dive into the future of health care as we uncover the revolutionary impact of AI! Following a dynamic overview of the current AI landscape and its rapid advancements, this panel will discuss groundbreaking AI applications and the subsectors and players set to thrive — or falter — as AI reshapes the health care landscape. The panelists will share investment trends and speak to the enthusiasm of private equity and lenders for AI innovations. Risks will be considered, including the workforce impacts, cost, regulations and potential hurdles that come with AI.
Mentorship plays a pivotal role in fostering professional growth, nurturing talent and driving organizational success. From establishing meaningful mentor/mentee relationships to fostering a culture of continuous learning, this panel will explore practical approaches and best practices for harnessing the power of mentorship in the workplace.
Several U.S. bankruptcy courts recently have recognized CCAA reverse vesting orders in chapter 15 cases, but not without some reservations as to their breadth and effect. This panel will discuss the use of reverse vesting orders to effect asset sales in cross-border transactions.
Fraud is an ever-present concern in bankruptcy cases, manifesting in various forms from False Claims Act violations to Ponzi schemes. This panel will provide practical tips and strategies for identifying, addressing and litigating fraud in the bankruptcy context.
