Venue/Jurisdiction

Based on the "Ted Talks" format, presenters will address timely and divisive issues such as rejection of power purchase agreements, the future of oil and gas, venue alternatives and an analytical review of Bankruptcy Appellate Panels reversal and affirmances. 

Nellwyn Voorhies
Donlin, Recano & Company, Inc.; New York

Jurisdictional Battle: Bankruptcy Courts vs. FERC in Rejection of Power Purchase Agreements
Theodore E. Tsekerides
Weil, Gotshal & Manges LLP; New York

Ninth Circuit as an Alternative to SDNY/Delaware
Tobias S. Keller

The Small Business Reorganization Act of 2019 went into effect a mere few weeks before a worldwide pandemic unfolded, setting into motion unforeseen challenges and learning curves for the entire bankruptcy court system. This session consists of two mock presentations that will demonstrate the application of technology in the pre-trial practice and trial presentation of a subchapter V virtual trial.

While there can be no doubt under our current system of jurisprudence that lower courts are bound by the published decisions of appellate courts, the question remains: What can a trial court do with broad pronouncements found in an appellate decision based on limited or dissimilar facts? Judge Michael will discuss the dilemma of interpreting and using appellate precedent.

What are the hottest topics in bankruptcy law? This panel of experts, moderated by ABI Editor-at-Large Bill Rochelle, will discuss and analyze current business and consumer bankruptcy law cases.

Do the safe harbor provisions of 11 U.S.C. § 546(e) also provide shelter to transferees from state law fraudulent transfer actions in nonbankruptcy courts? Does the doctrine of pre-emption apply to impact litigation outside of bankruptcy court? This panel will review § 546(e) after the U.S. Supreme Court’s decision in Merit Management Corp. LP v. FTI Consulting Inc. After the Merit decision, the Supreme Court sent back the case of In re Tribune Co., fraudulent conveyance litigation that was also pending before the Supreme Court, to the Second Circuit Court of Appeals.