Current Issues in the Mediation of Bankruptcy Disputes

Program Materials: LINK
Program Recording: LINK

Bankruptcy disputes in any chapter of the Bankruptcy Code can present special challenges for settlement, especially where a diverse set of parties in interest—debtors, un/secured creditors, creditors' committees, officers and directors, insurance companies, indeed all parties affected by a bankruptcy—have competing claims and interests. Complex and intersecting disputes can be further complicated by the presence of pro se parties and parties and counsel unfamiliar with the intricacies of bankruptcy law and procedure. Alternative dispute resolution techniques may allow parties and counsel to effectively dispose of disputes in contested matters, adversary proceedings and even pre-demands.

This webinar will discuss current work in the evaluation and settlement of these matters, as well as proceedings in non-dischargeability, discharge/stay violations, chapter 11 plan confirmations, and director’s and officer’s liability matters. Panelists will also discuss recent experience handling these matters in the virtual environment, as well as practice trends in the COVID era. In this session, participants will learn:

• How to prepare for an effective bankruptcy mediation
• How to issue spot common obstacles to settlement in adversary proceedings and contested matters, including practice pointers for non-bankruptcy counsel
• How and why neutral case evaluation may be an asset to parties to an adversary proceeding
• How the virtual environment and an expected uptick in COVID-related filings might affect the practice

Featured JAMS Speakers:

• Hon. Charles N. Clevert, Jr. (Ret.) | JAMS Chicago
• Hon. Joan N. Feeney (Ret.) | JAMS Boston
• Phillip J. Shefferly, Retired Chief Judge | JAMS Detroit