(Webcast) Dispute Resolution in Bankruptcy Cases — Best Practices

Thursday, October 14, 2021 | 12:00 pm – 1:30 pm

Program Chair:
Leslie Berkoff
Moritt Hock & Hamroff LLP

Michael J. Riela
Tannenbaum Helpern Syracuse & Hirschtritt LLP

  • Understanding how dispute resolution processes work in bankruptcy cases: This program will focus primarily on the use of mediation in bankruptcy, and will cover selection, retention and payment of mediators, the “Black Robe” syndrome (when do you need or want a judge, mandatory mediation in bankruptcy) what does that mean, approval of settlements obtained in mediation under the Bankruptcy Rules and the unique disclosure requirements in bankruptcy. This program will also address in what circumstances Bankruptcy Courts will consider allowing arbitration of a dispute and limitations with respect to the same. This program will cover the current best practices for attorneys handling dispute resolution matters in bankruptcy and explore forward thinking changes to enhance and streamline the discipline. With the growth of bankruptcy and the use of DR within the bankruptcy courts, many advocates find themselves at time not only unfamiliar with bankruptcy, but may find themselves without an understanding of how Dr is different in bankruptcy. This program will outline key differences between DR within the Bankruptcy Courts so that practitioners can better understand the unique aspects of mediator selection, mandatory mediation processes in Mega cases and how the overlay of bankruptcy notification rules impacts even settlements reached through mediation–something much different than in non-bankruptcy cases. With the growth of DR being utilized and an anticipated backlog in the bankruptcy courts, this is a timely program.

    Program Fee:
    $119 for Members | $219 for Nonmembers
    Small Law Firm: $69 for Members

    Members who are Law Students, Recent Law Graduates, Newly Admitted Lawyers (admitted for the first time in any state or country 2019-2021), In-House/Corporate Counsel, Judges, and attorney members who practice within the Government, Academic or Not-for-Profit sectors attend this program for free.

  • Nicholas J. Cremona

    Hon. Robert Gerber
    Joseph Hage Aaronson LLC
    Former U.S. Bankruptcy Judge, SDNY

  • 9:00 am – 9:05 am
    Introduction of Panelists and Hypothetical

    9:05 am – 9:25 am
    Do I really have to be here (when I’d rather be in court)?

    • Enforceability of arbitration clauses
      • Unconscionability arguments
      • State law v. FAA
    • Scope of arbitration
      • Broad v. narrow arbitration clauses
      • Statutory rights
      • Pre-employment conduct/disputes

    9:25 am – 9:50 am
    OK, I’m stuck here, what happens?

    • Limits on discovery
      • Limits/rights created by arbitration agreement, forum rules
      • Pattern & practice discovery
        • Comparators
      • Disparate impact discovery
      • Non-party discovery
        • Depositions
        • Documents
      • Asymmetry of information
    • The hearing process
      • Streamlined how?

    9:50 am – 10:00 am
    What can I say about these proceedings I didn’t want to participate in?

    • Confidentiality
      • From arbitration agreement
      • From forum rules
      • Imposed by tribunal
    • Legislative limits on confidentiality

    10:00 am – 10:10 am
    Wait a minute, I didn’t want to be here, and I have to pay for it?

    • Costs
      • From arbitration agreement
      • Forum rules
      • Tribunal discretion
    • Attorneys’ fees
      • Relation to statutory fee-shifting

    10:10 am – 10:25 am
    I won/lost! What’s next?

    • Enforcing an award
    • Vacating an award

    10:25 am – 10:30 am

  • New York: 1.5 Skills
    New Jersey: 1.5 General
    California: 1.5 General
    Pennsylvania: 1.0 General
    Connecticut: Available to Licensed Attorneys

  • Sponsoring Association Committee:
    Bankruptcy & Corporate Reorganization, Ana Maria Alfonso, Chair

    Sponsorship Opportunities are Available! Please Contact:
    Angie Avila, Manager, Membership Outreach and Sponsorships | (212) 382-6608 | aavila@nycbar.org