Bankruptcy Litigation

Litigation: Expert Cross-Examination Stratego!

Challenging an expert witness requires more than just wondering what questions to ask on cross-examination. Is the expert witness even an expert in the right subject matter? Should the expert be deposed before trial and challenged before he or she takes the stand, or would cross-examination without giving the expert the clues that come with deposition questions present the best opportunity to defuse the weight of the expert’s opinion? How can the trial lawyer prepare for cross-examination of an expert and contain the damage done on direct examination of the expert?

$25.00
$25.00

Detecting Lies: Strategies for Exposing a Deceitful Witness

Poker players look for tells. Polygraphs measure physiological indicators. Movies suggest that there is some magic to looking somebody in the eye. In court, though, judges and lawyers are left to their own devices to determine whether a witness is lying. A clinical psychologist and a former attorney general of the Commonwealth of Massachusetts will join experienced trial lawyers and judges to discuss lying and the limits of detecting lying, including verbal and nonverbal cues that aid in assessing the credibility of statements.

$25.00
$25.00

Chapter 11 Exit Strategies

How to keep your equity when those about you are losing theirs (and blaming it on you).

$25.00
$25.00

When Cases Collide

This panel discussion will concentrate on issues commonly encountered when a closely held business and its individual owners and related businesses have financial problems, including regarding application of the absolute priority rule/new value exception to individual chapter 11 bankruptcies, conflicts, corporate governance, substantive/procedural consolidation and compensation issues

$25.00
$25.00

Bankruptcy Litigation

This panel will present a fraudulent transfer update and discussion regarding the split
over § 546(e) safe harbors (Physiotherapy, Tribune, Madoff, Meritt Management),
10-year reach-back periods (Kipnis), the reinstatement of unsecured creditors’
intentional fraudulent conveyance claims and the ruling that the intent of the CEO
can be imputed to the company (Lyondell), the finding that substantive consolidation
does not augment the trustee’s § 544(b) avoiding powers by allowing the trustee to

$25.00
$25.00

Litigation Toward Settlement: Questions and Strategies in Bankruptcy Litigation

Often the hardest part about bankruptcy litigation is making the decision to take it on in the first place, considering the time, expense, available resources and anticipated benefit to the estate and its constituents. Many bankruptcy attorneys often divorce litigation from the business goals of the client, resulting in disproportionately high fees, disappointed clients and unpaid professionals. Too little time and effort is undertaken before and during the early stages of litigation to consider the foregoing and client objectives.

$25.00
$25.00

Appealing Positions: Everything You Need to Know about Appeals

This panel will explore the nuts and bolts of bankruptcy appeals, taking into account the needs of one’s clients, examining the do’s and don’ts for an effective appeal, discussing the differences of appealing to the Bankruptcy Appellate Panel versus electing to proceed before the district court, the limits of appellate jurisdiction over interlocutory appeals, and addressing strategies for a successful appeal.

$25.00
$25.00

You Lost! Now What? Appellate Issues: Is Your Order Final?

Is Your Order Final? Appeals from Confirmation Orders; It Just Doesn’t Matter Anymore: Equitable Mootness; Winning the Appeal but Losing the War: Stays Pending Appeal

$25.00
$25.00

Mediating Valuation, Intercreditor and Other Issues Affecting Secured Creditors in Bankruptcy

Presented by the Mediation and Secured Credit Committees

$25.00
$25.00

Making Appeals More Appealing: When and How to Appeal

The bankruptcy judge ruled against you. Now what? Motion to reconsider?
Appeal to the district court? Appeal to the (gulp) court of appeals? HELP!
This panel of experienced practitioners and judges will help you think
through when, and how, to appeal.

$25.00
$25.00
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ABI encourages participants to ask questions during sessions both live and on demand. If you have a question for a panelist during a session you should email the panelist your question and the panelist will respond to you promptly. Most panelists are ABI members, so you can access the panelist's email address in ABI's membership directory, or alternatively you can go to support.abi.org and ask your question there.