2023, 2023 Annual Spring Meeting

This panel will explore the various roles of neutrals in bankruptcy, including applicable provisions of the Bankruptcy Code and Rules, as well as the limitations on the use of neutrals in bankruptcy. Examples of neutral roles in bankruptcy include mediators, fee examiners, subchapter V trustees, and mass tort personal-injury plan administrators. Limitations on the use of neutrals in bankruptcy can be found in Bankruptcy Rule 9031, and there is growing support to modify the rule to eliminate this limitation.

This panel will delve into collateral estoppel, res judicata, judicial estoppel, equitable estoppel and, although jurisdictional, the Rooker-Feldman doctrine.