Bankruptcy Litigation

Topics:

• Four Legislative Changes for Third-Party Releases
• “DIP Order Creep”: What Can You Get Now?
• “Person Aggrieved” and Bankruptcy Appeals
• State of the Market

This session will discuss recent appellate decisions in the areas of mootness, the solvent-debtor exception, mass torts and tribal immunity.

This session will provide a general overview of the involuntary bankruptcy process, and will drill down into what it means for a claim “not to be subject to a bona fide dispute," what happens or does not happen during the “gap period,” soliciting and adding creditors to the petition, and the ramifications of when an involuntary filing is dismissed for bad faith.

This panel will discuss four topics of interest, paying particular attention to litigation strategy and tactics with respect to each. First, we will examine stays pending appeal, particularly stays pending appeals of confirmation orders, including the current state of equitable mootness law in the Second Circuit and elsewhere; when and how to move for a stay; whether and how to make a record at the confirmation hearing to support a later stay motion, and what to do about the bond requirement.

This session will discuss recent decisions and developments regarding third-party releases, both internationally and domestically.