Intersection of Bankruptcy and ADR: Issues for Creditors, Counterparties, and Plan Proponents
Analyzing the Enforceability of Pre-Petition Arbitration Clauses; Evaluating the Usefulness of Mediation and Avoiding the Pitfalls
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will offer guidance to bankruptcy lawyers contending with delays, additional costs, and confusion that can result when bankruptcy and alternative dispute resolution (ADR) intersect. The program will discuss how bankruptcy courts analyze the enforceability of pre-petition arbitration clauses, mediation of disputes that arise during the case, and the unforeseen challenges of mediating large cases.
Outline
- Enforcement of pre-petition arbitration clauses
- Mediation of bankruptcy issues
Benefits
The panel will consider these and other key issues:
- Does a bankruptcy court have discretion to deny enforcement of a contractual arbitration provision?
- In what instances does the use of mediation arise and where can it perhaps be most useful, including in the context of plan mediation?
- What are best practices and tools for a successful mediation?
Faculty
Leslie A. Berkoff
Partner
Moritt Hock & Hamroff
Ms. Berkoff is a Partner with the firm where she serves as the Chair of the firm’s Dispute Resolution Practice... | Read More
Ms. Berkoff is a Partner with the firm where she serves as the Chair of the firm’s Dispute Resolution Practice Group, is the former Chair of the Bankruptcy & Creditors’ Rights Practice Group, and serves on the firm’s Management Committee. She splits her time between these two Practice Groups. In the restructuring space, Ms. Berkoff concentrates her practice in chapter 11 cases, bankruptcy, litigation and corporate workouts where she represents a variety of corporate debtors, trustees, creditors and creditor committees both nationally and locally. She is an experienced commercial litigator. Ms. Berkoff’s Dispute Resolution practice has her frequently serving as an ad hoc and panel mediator, she is on the Mediation Panels for the Eastern and Southern Districts of the United States Bankruptcy Courts in New York and the United States Bankruptcy Courts in Delaware and the Eastern District of Pennsylvania, as well as the Commercial Mediation Panel for Nassau County and Bronx County. She is a trained arbitrator and serves on the American Arbitration Association’s National Roster of Commercial Arbitrators and Mediators, the AAA-ICDR International Panel and is a member of the AAA-ICDR Council. Ms. Berkoff also serves as a member of the Second Circuit United States Court of Appeals Pro Bono Appellate Mediation Panel and is a Special Master in the Supreme Court of the State of New York, Appellate Division, First and Second Judicial Departments Mediation Programs. She is also frequently appointed by Judges in both the New York County and Nassau County Courts as a Receiver.
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Jane Kim
Managing Partner
Keller Benvenutti Kim
Ms. Kim is the Firm’s managing partner. She advises debtors in possession, distressed companies, and other... | Read More
Ms. Kim is the Firm’s managing partner. She advises debtors in possession, distressed companies, and other parties, in both in-court and out-of-court situations. Ms. Kim is a fellow in the American College of Bankruptcy and has been recognized as a leading lawyer by numerous publications and organizations including Chambers USA. She was named Lawyer of the Year in the 2023 edition of Best Lawyers and included on Global M&A Network’s Annual Top 100 Restructuring Professionals in 2022 and the Daily Journal’s list of Top Bankruptcy Lawyers of 2022. Ms. Kim is a frequent speaker on a wide range of bankruptcy-related subjects, including the intersection of bankruptcy and arbitration, mass torts bankruptcy cases, asset sales, and cross-border insolvency issues.
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Candice L. Kline
Partner
Saul Ewing
Ms. Kline advises clients on bankruptcy and corporate restructuring matters and related litigation. She represents... | Read More
Ms. Kline advises clients on bankruptcy and corporate restructuring matters and related litigation. She represents debtors, trustees, official committees, investors and creditors in bankruptcy proceedings and out-of-court workouts. Ms. Kline's experience includes managing cases from $10 million to $13 billion, with key roles in large, complex Chapter 11 and 7 cases. She also handles Chapter 12 cases and has experience with cross-border insolvency Chapter 15 proceedings.
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