About the Course
Introduction
This CLE webinar will discuss changes in bankruptcy law and rules, and emerging strategies from 2026, including key takeaways from Supreme Court and Circuit Court decisions in 2026, the Dec. 1, 2026 amendments to the Bankruptcy Rules of Procedure, the permanent debt-limit increases under Subchapter V, and recent developments in the strategic use of Chapter 15 and foreign proceedings.
Description
New Bankruptcy Rule 7043 now makes Federal Rule 43 applicable in adversary proceedings, while amended Rule 9014 applies in contested matters. Although they both establish a default rule that witness testimony is to be in open court and both permit remote testimony, the standards for remote testimony differ slightly for adversary proceedings and contested matters. Similarly, Rule 9017 makes Federal Rule 44.1 applicable in bankruptcy, which is an important change for cross-border practice.
As of Sept. 16, 2026, both the House and Senate had passed bills permanently raising the Subchapter V debt limit back to $7.5 million, giving more distressed businesses an alternative to unfavorable terms and altering litigation strategies for debtors and creditors.
Another important development is the strategy of using Chapter 15 to seek and obtain nonconsensual third-party releases enforceable in the United States. A handful of early decisions have begun to identify checks and balances for approval, shedding some glimmer of light on what types of objections to expect and how far courts may be willing to go.
Listen as our panel of experienced bankruptcy lawyers guides counsel through rule changes and recent developments in 2026, including important decisions from the Supreme Court and at the Circuit Court level.
Presented By
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Mr. Fleischer has a national practice representing owners and developers of shopping centers and malls when their tenants file Chapter 11 cases or default on their leases. His experience on behalf of these multi-landlord groups in retail and restaurant cases includes lease obligations, proposed lease assignments, cure disputes, sale processes, plans, claims, Subchapter V issues, and more. Given Mr. Fleischer's niche experience and concurrent representation of landlord clients in a given case, he brings economies of scale and efficiencies to his work. Mr. Flaischer's understanding of the marketplaces where people shop and dine is also enhanced from his substantial involvement in the trade group ICSC, including being selected for its national Next Generation Leadership Network. Mr. Flaischer's legal practice also includes advising landlords pre-bankruptcy on strategy and enforcement, including lease amendments, termination agreements, and acquisition/disposition strategies. He also has experience representing debtors, creditors’ committees, and Chapter 7 trustees in bankruptcy cases.
Mr. Hotze is a bankruptcy lawyer whose practice focuses on a variety of bankruptcy and restructuring matters, including representation of debtors, official committees of unsecured creditors, bankruptcy trustees, creditors, purchasers of assets, and other parties in interest, both in court and out of court. He also has extensive experience in bankruptcy-related litigation and appeals, including prosecuting and defending fraudulent transfers, preferences, and other bankruptcy-related issues. Mr. Hotze has spent his career advocating for parties in all types of bankruptcy matters, developing a diverse background of legal skills through first-hand experience conducting depositions, first chairing evidentiary hearings, appearing frequently in court on behalf of his clients, and drafting briefs on complex legal issues.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Tuesday, December 15, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Key 2026 decisions
A. Supreme Court
B. Circuit Courts
C. Other
II. Amendments to the bankruptcy rules
III. Subchapter V debt limit increase
IV. Using Chapter 15 to obtain non-consensual third-party releases
V. What to expect in 2027
The panel will review these and other important topics:
- How does the increased debt limit in Subchapter V change the negotiation dynamics for debtors and creditors?
- What objections are U.S. Trustees raising to non-consensual third-party releases enforceable in the U.S. through Chapter 15, and how are courts analyzing them?
- What are the standards for permitting remote testimony under new Bankruptcy Rule 7043?
Related Courses
2026 Bankruptcy Developments: Statutory and Rules Changes, Emerging Strategies, Key Decisions
Tuesday, December 15, 2026
1:00 PM ET/10:00 AM PT
