Trends in Bankruptcy Litigation: A Roundtable Discussion with the Hon. Robert E. Gerber and the Hon. Rosemary Gambardella
ABA Section of Litigation
Bankruptcy and Insolvency Litigation Committee
Tuesday, November 13, 2018
9:30-10:30 AM PT | 10:30-11:30 AM MT | 11:30 AM-12:30 PM CT | 12:30-1:30 PM ET
A Roundtable Discussion with the Hon. Robert E. Gerber and the Hon. Rosemary Gambardella concerning recent Decisions that discuss Fraudulent Transfer and Avoidance Actions; the status of non-consensual third party releases in Plans of Reorganization; substantive consolidation; standards to determine unfair discrimination in Reorganization Plan Treatment of dissenting classes, Law Debenture Trust Co. of N.Y. v. Tribune Media Co. (In re Tribune Media Co.), 587 B.R. 606 (D. Del. 2018); and equitable mootness affecting appeals from Confirmation Orders after the Delaware District Court's affirmance of In re Millennium Lab Holdings.
Join our distinguished panel members for a lively discussion of Crystallex Int'l Corp. v. Bolivarian Republic of Venez., 2018 U.S. Dist. LEXIS 138978 which analyzed alter ego theories of liability applicable to sovereign and non-sovereign parties.
The panel will further discuss the potential Circuit split between the Second and Third Circuits applying non-consensual third party releases based on conflicting opinions of the District Courts within the Circuits.
The panel will also discuss limitations of the duties of care and loyalty in recent decisions involving limited liability companies, as well as the importance of establishing control as an exception to sovereign immunity, as well as liability of non-sovereign parties after Crystallex.
This program is a must for bankruptcy litigators and other practitioners looking to stay on the cutting edge of practice.
Hon. Rosemary Gambardella, U.S. Bankruptcy Judge, District of New Jersey
Hon. Robert E. Gerber, U.S. Bankruptcy Judge (retired), Southern District of New York
Pauline Morgan, Partner, Young, Conaway, Stargatt & Taylor, LLP, Wilmington, Delaware
Curtis Miller, Partner, Morris, Nichols, Arsht & Tunnell, Wilmington, Delaware
William S. Katchen, Esq., Law Offices of William S. Katchen, LLC, Florham Park, New Jersey (Moderator)