Bankruptcy’s Effect on Arbitration Agreements: Automatic Stay, Enforceability, Burdens of Proof, Recent Decisions

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Wednesday, October 26, 2022

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, October 7, 2022

or call 1-800-926-7926

This CLE course will discuss the increasing intersection of arbitration and bankruptcy. The program will address how recent Supreme Court decisions may affect arbitration in bankruptcy, the extent of the bankruptcy court's discretion to stay or allow arbitration to proceed on core and non-core matters, the preclusive effect of arbitrated cases, and what happens if contracts containing arbitration mandates are assumed or rejected.

Description

The Federal Arbitration Act allows courts to preclude arbitration if there is an inherent conflict between arbitration and the underlying purposes of the implicated statute, including the Bankruptcy Code.

While the Federal Rules of Bankruptcy Procedure allow arbitration of disputes during a bankruptcy case, there are significant limitations when that option is available. Parties to contracts with arbitration provisions often need to resolve disputes about a breach, clawback of transfers, contract rejection, and associated damages.

Listen as the panel of experienced bankruptcy counsel discusses the intersection of arbitration and bankruptcy.

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Outline

  1. Overview of FAA
  2. Bankruptcy court discretion
  3. Determining whether arbitration conflicts with the Bankruptcy Code
  4. Best strategies

Benefits

The panel will discuss these and other pivotal issues:

  • Who has the burden of proof to overcome or enforce an arbitration provision?
  • How is the analysis affected by recent SCOTUS decisions?
  • Can discrete claims be arbitrated on "a claim-by-claim basis"?
  • What happens to statutory successors of the debtor?

Faculty

Berkoff, Leslie
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

Additional faculty
to be announced.
Attend on October 26

Early Discount (through 10/07/22)

Cannot Attend October 26?

Early Discount (through 10/07/22)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

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