Overturning Adverse Bankruptcy Decisions: Bankruptcy Appellate Rules, Flexible Finality, Mootness and Jurisdiction
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will guide counsel through the unique challenges and procedural complexities of bankruptcy appeals, including the specialized issues of finality, mootness, and jurisdiction. The program will help lawyers avoid several minefields crowded with terminal explosive devices that can change entities and people in considerable ways.
Outline
- Applicable rules
- Standards of review
- Flexible finality
- Mootness and equitable mootness
- Standing
- Forum choices
- Structuring and presenting the argument clearly and concisely
Benefits
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?
Faculty
Evan T. Miller
Partner
Saul Ewing
Mr. Miller is a member of the firm's Bankruptcy & Restructuring Practice, where he handles corporate... | Read More
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).
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William Smelko
Partner
Procopio Cory Hargreaves & Savitch
Mr. Smelko brings more than thirty-five years of experience to his representation of clients in litigation, with an... | Read More
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.
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