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  • videocam On-Demand
  • card_travel Bankruptcy
  • schedule 90 minutes

Overturning Adverse Bankruptcy Decisions: Bankruptcy Appellate Rules, Flexible Finality, Mootness and Jurisdiction

$297.00

This course is $0 with these passes:

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Description

There are more bankruptcy-related appeals than appeals of any other type of federal civil action. They have a disproportionate effect on the parties' economic rights and finances. Knowledge of the bankruptcy appellate process is an essential tool for bankruptcy practitioners.

Bankruptcy appeals are unlike regular civil appeals in fundamental ways. Many intermediate decisions are reviewable long before the end of the bankruptcy case under the doctrine of "flexible finality."

Appeals can go stale in bankruptcy much sooner than in an ordinary case and involve statutory construction, equitable considerations, rule compliance, and fact development.

Listen as the experienced panel leads counsel through the complexities and pitfalls of bankruptcy appeals.

Presented By

Evan T. Miller
Partner
Saul Ewing LLP

Mr. Miller is a member of the firm's Bankruptcy & Restructuring Practice, where he handles corporate bankruptcy and restructuring matters for debtors (including under Subchapter V) and trustees. His representations also include official committees of unsecured creditors, asset purchasers, vendors and landlords. Clients in industries including blockchain/cryptocurrency, technology, insurance, restaurants, retail, health care and aviation look to Mr. Miller to counsel them regarding corporate restructurings, both in and out of court. His work with cryptocurrency/blockchain matters includes advice on the treatment of digital assets in bankruptcy, including Bitcoin and non-fungible tokens (NFTs).

William Smelko
Partner
Procopio, Cory, Hargreaves & Savitch, LLP

Mr. Smelko brings more than thirty-five years of experience to his representation of clients in litigation, with an emphasis on business bankruptcy, restructuring and corporate governance disputes. He has successfully litigated all aspects of bankruptcy matters from both the creditor’s and debtor’s perspective. Mr. Smelko's practice also involves advising banks, credit unions and other financial institutions on a variety of bankruptcy related matters, including plan confirmation objections, asset disposition and use motions, stay relief litigation, lease disputes and the prosecution and defense of discharge objections and nondischargeability complaints. He has successfully argued a number of appeals before the Ninth Circuit Court of Appeals and California's Fourth District Court of Appeal. Mr. Smelko teaches Bankruptcy, Bankruptcy Procedure and Workouts, Collections & Foreclosures at the Thomas Jefferson School of Law while also coaching Thomas Jefferson's Bankruptcy Law Moot Court and Negotiation Teams.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Wednesday, June 2, 2021

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

  1. Applicable rules
  2. Standards of review
  3. Flexible finality
  4. Mootness and equitable mootness
  5. Standing
  6. Forum choices
  7. Structuring and presenting the argument clearly and concisely

The panel will review these and other key issues:

  • Who has standing to appeal?
  • What is flexible finality?
  • When can the parties appeal directly to the court of appeals?
  • What is the relationship between stays pending appeal and mootness?