The first plenary session of NCBJ was Broken Bench Radio, a fast-paced discussion of hot topics in the form of a radio call-in show. It covered insights from the Caesar's Entertainment case, upcoming Supreme Court decisions, recharacterization, equitable mootness, Chapter 13 updates, the CFPB and the Husky case.
Insights From Caesar's Entertainment
James Sprayregen was the first caller in to the show. He talked about the Caesar's Entertainment case. He repeatedly alluded to the interesting issues that could have been decided, such as the involuntary petition filed against the company and the section 105 injunction in favor of the parent company, if only the case hadn't settled. His best quote was "Settlement negotiations are never over and the activities in the courtroom are an extension of the settlement negotiations.
Upcoming Supreme Court Decisions
Prof. Erwin Chemerinsky gave a brief public service announcement about two upcoming Supreme Court cases: Czyzewski v. Jevic Holding Corp and Midland Funding, LLC v. Johnson. The Supreme Court has granted cert in both of these cases. Jevic is about whether a settlement agreement resulting in a structured dismissal can violate the priority scheme under the Bankruptcy Code. Midland Funding deals with the question of whether it is a violation of the Fair Debt Collection Practices Act to file a proof of claim that is barred by the statute of limitations. This is an issue where the Eleventh Circuit, which says yes, is at odds with at least three other circuits. I have a case on this issue pending before the Fifth Circuit so it is of special interest to me.
