May 9, 2016

BANKRUPTCY APPEALS

Thursday, October 27th  3:15 – 5:15 pm
Yerba Buena 11-12

Bankruptcy appeals are argued to either a district judge or, in certain circuits, to a Bankruptcy Appellate Panel.  In circuits with a BAP, an appeal defaults to the BAP.  The approach taken in briefing and arguing a bankruptcy matter to a district judge is likely very different than the approach taken with a BAP.  The program would explore those differences.  The BAP consists of three “bankruptcy experts;” the district judge is a generalist who addresses many areas of civil and criminal law.  Moreover, the district judge sits as an appellate judge only rarely and serves in that capacity alone rather than in a panel.  The purpose of this program will be to watch as experienced bankruptcy lawyers prepare for and argue the same legal issue to a BAP panel and to a district judge.  The attendees will observe as the advocate tailors the argument to the “audience.”  The panelists will then comment on the approach taken by the advocates and provide their thoughts on effective appellate advocacy in different forums.  The appeal will follow the legal issues from the case of Czyzeski v. Jevic Holding Corporation.

Moderator
donaldHon. Bernice Donald, United States Court of Appeals for the Sixth Circuit
Panelists
baileyHon. Frank J. Bailey, United States Bankruptcy Judge, District of Massachusetts, Boston, MA
brandtHon. Philip H. Brandt, United States Bankruptcy Judge, Eastern District of California, Sacramento, CA
kleinHon. Christopher M. Klein, United States Bankruptcy Judge, Eastern District of California, Sacramento, CA
mendezHon. John Mendez, United States District Judge, Sacramento, CA
Susan M. Freeman, Lewis Roca Rothgerber, Phoenix, AZ
spinelliDanielle Spinelli, WilmerHale, Washington, DC