Close Nexus, Closer Look: Lessons from Recent Decisions on Post-Confirmation Jurisdiction and Retained Claims

Speakers:

Hon. Craig T. Goldblatt, U.S. Bankruptcy Court for the District of Delaware
Hon. Elizabeth L. Gunn, U.S. Bankruptcy Court for the District of Columbia
Dennis L. Jenkins, Willkie Farr & Gallagher LLP
John E. Lucian, Blank Rome LLP

    Description:

    This CLE unpacks recent decisions addressing the scope of a bankruptcy court’s post‑confirmation subject‑matter jurisdiction over potential claims and causes of action, spotlighting the “close nexus” requirement. We’ll explain the holdings, how generic plan retention and broadly drafted retained cause of action schedules fell short, and where courts draw the line between mere value‑add claims, on one hand, and matters that affect plan interpretation, implementation, consummation, execution, or administration. The panel will translate these lessons into practical drafting and other strategies for retained causes of action and cover the consequences of omissions.

    Bios:

    Craig Goldblatt is a judge on the United States Bankruptcy Court for the District of
    Delaware, where he has served since his appointment in April 2021.  Prior to his appointment, Judge Goldblatt was a bankruptcy litigator in the Washington, D.C. office of WilmerHale, where his practice primarily involved the representation of financial institutions and other commercial creditors in complex bankruptcy litigation and appeals.

    Hon. Elizabeth L. Gunn was appointed as a bankruptcy judge for the District of Columbia on September 4, 2020. A COVID-era selection and appointment, she was sworn in by Zoom from her living room. A frequent speaker and author on bankruptcy topics, Judge Gunn brings a unique perspective to her presentations as the only bankruptcy judge in both the District of Columbia and the D.C. Circuit. In 2017, Judge Gunn was recognized by the American Bankruptcy Institute as a member of its inaugural class of 40 Under 40. Judge Gunn serves as an Associate Editor for the American Bankruptcy Law Journal and is a Coordinating and Associate Editor of the American Bankruptcy Institute Law Review. Judge Gunn sits on the boards of the Federal Bar Association Bankruptcy Section, International Women’s Insolvency and Restructuring Confederation, American Bar Association National Conference of Federal Trial Judges, the Chesapeake Chapter of the Turnaround Management Association, and is the host of the popular American Bar Association Business Law Section Podcast “Bad Boys of Bankruptcy.” She is a member of the Walter Chandler Bankruptcy Inn of Court and is Board Certified in Consumer Law by the American Board of Certification. Judge Gunn received her BA, cum laude, from Willamette University in Salem, Oregon and her law degree, cum laude, from Boston College Law School.  

    Dennis Jenkins is a partner in Willkie’s Restructuring Department. He represents debtors, creditors’ committees, ad hoc bondholder groups, individual creditors, and other interested parties in major domestic and international corporate and debt restructurings, exchanges, distressed mergers and acquisitions, and bankruptcy cases. Dennis also has extensive experience in debt finance, counterparty risk, distressed corporate transactions, derivatives, securities transactions, and other domestic and international financial transactions.

    John Lucian is a Partner in Blank Rome’s Finance, Restructuring and Bankruptcy practice group who represents a wide range of secured and unsecured creditor-side clients in bankruptcy cases, receiverships, workouts, and restructurings. He leads the firm’s bankruptcy litigation practice and regularly appears in bankruptcy courts nationwide, handling disputes involving DIP financing and cash collateral, contested sale and confirmation proceedings, and post-confirmation trust litigation (including D&O, lender liability, and fraudulent transfer matters). He also litigates financial services and commercial disputes in federal and state courts, and previously served as a trial attorney with the U.S. Department of Justice’s Office of the United States Trustee.