CLLA Hon. Frank Koger Memorial Education Program
CLLA Hon. Frank Koger Memorial Education Program: Truth or Consequences, The Bankruptcy Edition:
Estoppel Is a Serious Issue; Ignore at Your Peril
Panelists:
- Megan F. Clontz, Ferguson Braswell Fraser Kubasta PC, Dallas, TX
- Hon. Judith K. Fitzgerald (ret.), Tucker Arensberg PC, Pittsburgh, PA
- Catherine L. Steege, Jenner & Block LLP, Chicago, IL
- Hon. Christopher M. Klein, US Bankruptcy Court, Eastern District of California, Sacramento, CA
Description:
This panel will discuss issues surrounding failures to disclose, judicial estoppel, and other forms of estoppel, including the Keathley v. Buddy Ayers Construction, Inc. case pending before the US Supreme Court. Keathley raises issues about bankruptcy disclosure obligations and the perils of non-disclosure. The panel will discuss whether the doctrine of judicial estoppel or other legal doctrines bar a party) or counsel from taking actions such as pursuing claims even in instances where there is no evidence of bad faith on the part of the party against whom estoppel is sought. Keathley is the debtor in the underlying bankruptcy case.
Bios:

Megan F. Clontz is an experienced bankruptcy attorney with a strong focus on business reorganizations, restructurings, and debtor and creditor rights litigation. She represents debtors and secured and unsecured creditors in both bankruptcy and non-bankruptcy insolvency matters, including cases under Chapters 7, 11, and 13. She protects client assets in all aspects of bankruptcy proceedings, including preference, fraudulent transfer, dischargeability, and state law-based actions. Megan’s background in consumer bankruptcy gives her a unique advantage in small business reorganizations following the enactment of the Small Business Reorganization Act.
Beyond her legal practice, Megan is deeply engaged in the professional bankruptcy community. She is the current Vice Chair of Fall Programming for the International Women’s Insolvency & Restructuring Confederation (IWIRC), is a past chair of the IWIRC-Dallas-Fort Worth Network and played a key role in the formation of the IWIRC-Central Texas Network. She is also the past chair of the Bankruptcy and Commercial Law Section of the Dallas Bar Association and has served on boards for the State Bar of Texas Bankruptcy Section’s Young Lawyers Committee and the Dallas-Fort Worth Association of Young Bankruptcy Lawyers. Additionally, Megan is an active member of the American Bankruptcy Institute (ABI), the Hon. John C. Ford American Inn of Court, and various local bar associations.
Megan has authored numerous articles for the ABI Journal and other legal publications, contributing to ongoing conversations in the field of bankruptcy law. She has also presented at several legal conferences and educational programs, including the Southwest Association of Bank Counsel Ethics Forum and the Dallas Bar Association’s Continuing Legal Education programs.
Recognized for her leadership and expertise, Megan was named one of the American Bankruptcy Institute’s 40 Under 40 in 2023. She remains committed to mentorship and volunteerism, actively participating in diversity outreach initiatives and mentoring law students and young attorneys. Her dedication to the legal profession and the bankruptcy community makes her a valuable advocate for her clients and a respected leader in the field.
Megan is admitted to practice in Texas and Georgia, as well as multiple federal district and bankruptcy courts across the country. She earned her J.D. from the University of Alabama School of Law and her B.A. in Economics from the University of Texas at Austin.

Hon. Judith K. Fitzgerald (ret.) A long-time member of CLLA, Retired U.S. Bankruptcy Judge Judith K. Fitzgerald has been blessed with an exciting, challenging and intellectually stimulating career. As a Judicial Law Clerk, Assistant U.S. Attorney, Chief Bankruptcy Judge, Professor of Law, Practitioner at Tucker Arensberg, Consultant, Arbitrator, Mediator, Author and Expert Witness, she has experienced a wide variety of legal disciplines and administrative responsibilities. Judi is a Professor in the Practice of Law at the University of Pittsburgh School of Law, where she teaches Bankruptcy and Advanced Bankruptcy. She is active in national and local professional organizations including the Commercial Law League of America, the American Law Institute, the American College of Bankruptcy, The American Bankruptcy institute and the American Inns of Court. Among other offices, she has served as President of the National Conference of Bankruptcy Judges and as Chair of the Bankruptcy Judges Advisory Committee to the Administrative Office of the U.S. Courts. Judi has received numerous awards and recognitions including the Commercial Law League’s Lawrence P. King Award for Excellence in Bankruptcy and the American Inns of Court Bankruptcy Alliance Distinguished Service Award. She serves as an expert witness and mediator/arbitrator. Judi consults and lectures in matters involving trial strategy, evidence, procedure, contracts, bankruptcy, ADR and professional responsibility, and participates on several committees and boards dedicated to fostering legal education and improving access to justice.

Hon. Christopher M. Klein has served as a U.S. Bankruptcy Judge for the Eastern District of California since 1988. With a distinguished career spanning over three decades, Judge Klein has established himself as a leading figure in the field of bankruptcy law and a respected authority on insolvency issues.
His tenure on the Ninth Circuit Bankruptcy Appellate Panel from 1998 to 2008 underscored his commitment to ensuring fair and effective adjudication in bankruptcy matters. Additionally, he contributed to the Judicial Conference of the United States as a member of the Advisory Committees on Bankruptcy Rules and on Federal Rules of Evidence from 1998 to 2007, helping to shape the legal framework that governs bankruptcy proceedings nationwide.
A dedicated scholar and practitioner, Judge Klein is a Fellow of the American Law Institute, the International Insolvency Institute, and the American College of Bankruptcy. His expertise has led him to serve as a delegate for the Working Group on Cross-Border Insolvency at the UN Commission on International Trade Law (UNCITRAL) since 2008, where he plays a critical role in addressing global insolvency challenges.
In his commitment to advancing the legal profession, Judge Klein co-chairs the Sub-Committee on Governmental Insolvency within the American Bar Association’s Business Law Section, focusing on the intricacies of governmental bankruptcy. He also actively participates in various initiatives, including the American Bankruptcy Institute’s Task Force on Veterans, which seeks to address the unique bankruptcy issues faced by veterans.
Before his judicial appointment, Judge Klein had a rich legal career, initially serving as a Judge Advocate in the U.S. Marine Corps and later as a Trial Attorney for the U.S. Department of Justice. His experience includes a notable position as an Associate at Cleary, Gottlieb, Steen & Hamilton, followed by his role as Deputy General Counsel for Litigation at the National Railroad Passenger Corporation (Amtrak).
Judge Klein’s academic credentials are impressive. He earned his Juris Doctor (JD) from the University of Chicago Law School, complemented by an MBA from the University of Chicago Booth School of Business. He also holds a Bachelor of Arts (BA) and a Master of Arts (MA) from Brown University.
As a retired Lieutenant Colonel in the U.S. Marine Corps, Judge Klein exemplifies leadership and dedication to public service. His contributions to the legal community and the judiciary reflect a lifetime commitment to justice, equity, and the rule of law.

Catherine L. Steege is a partner with the law firm of Jenner & Block LLP. She is co-chair of the firm’s Bankruptcy and Restructuring practice group, a fellow of the American College of Bankruptcy, and a conferee of the National Bankruptcy Conference. She recently represented USA Gymnastics in its chapter 11 case and represented McKesson and an ad hoc group of other major distributors, pharmacies, and manufacturers in Purdue Pharma’s, Mallinckrodt’s and Endo’s chapter 11 cases. In addition to a traditional bankruptcy practice, she has represented numerous retiree committees including the retiree committees in the Puerto Rico, Armstrong Flooring, Budd Company, Walter Energy, American Airlines, United Airlines, and Northwest Airlines chapter 11 cases and represented numerous parties in complex bankruptcy litigation matters including her representation of the Zell defendants in the Tribune fraudulent conveyance litigation, the Sentinel Management Group Litigation Trustee, the Magnatrax Litigation Trust, the NKK Litigation Trust, and the Trustees of Emerald Casino Inc. and Consolidated Industries Corp. She has an active appellate practice and argued in the United States Supreme Court on behalf of Wellness International Network in the case Wellness International Network v. Sharif andrepresented the petitioner in Law v. Siegel and the respondent in City of Chicago v. Fulton. She represented the examiners in the Lehman Brothers and Celsius Network chapter 11 cases and authored the sections of the Lehman Brothers Examiner’s Report that considered potential avoidance actions against various financial institutions.
