BYU Law Review Symposium

November 1-2., 2024

"Who Governs Debt's Dominion?"

Friday, Nov. 1 472 JRCB

1:30 pm Welcome, Opening Remarks, Orientation

2 - 3:30 pm Panel 1: Antebellum Bankruptcy Specialization: Lessons from the Past

Rafael Pardo, Michael Francus, John Pottow, Jonathan Seymour

3:30 pm Break

4 - 5:30pm Panel 2: Finding Debtor’s Counsel

Anthony Casey, Judge Michelle Harner, Jonathan Lipson, Lindsey Simon

6:30 - 8:00 pm Dinner and Keynote Robert Rasmussen

Magleby's Restaurant, Springville UT (Shuttles to Restaurant)

Saturday , Nov. 2 472 JRCB

8:30 - 10:00 am Panel 3: Bankruptcy Judges as Professional Dealmakers

Alexander Gouzoules, Vincent Buccola, Adam Feibelman, Jared Mayer

10:30 - 12:00 pm Panel 4: Elite Bankruptcy: Creativity Among Bankruptcy Professionals Laura Coordes, Richard Squire, Kenneth Ayotte, Daniel Bussel

12:00 - 1:00 pm Lunch

1:30 - 3:00 pm Panel 5: The Next Frontier of Bankruptcy Professionals

David Skeel, Christopher Hampson, Diane Dick, Marshall Ringwoo

David Skeel

In 2001, David Skeel published Debt’s Dominion: A History of Bankruptcy Law in America. This seminal work explored the various forces influencing and shaping the distinctive evolution of American bankruptcy law. Its insights continue to inform and explain modern legal developments. Beyond Debt's Dominion, Professor Skeel has produced an impressive portfolio of influential and insightful bankruptcy scholarship over the course of his extensive career, using historical, empirical, and other analytical approaches. In addition to his scholarship, Professor Skeel has also advised judicial, legislative, and executive policy makers on bankruptcy, sitting as a member of the Advisory Committee on Bankruptcy Rules and testifying before Congress on a number of occasions. Professor Skeel also served as the Chairman of the Financial Oversight & Management Board for Puerto Rico, overseeing the country's debt restructuring.

"Who Governs Debt's Dominion?"

BYU Law Reviews' 2024 symposium titled "Who Governs Debt's Dominion?" will celebrate Professor Skeel’s contributions to bankruptcy law and scholarship and assess their ongoing influence. Given the breadth of Professor Skeel’s contributions, the symposium could cover any number of topics, but on this occasion, we will employ his work as a lens for considering a particular subject of renewed importance: bankruptcy professionals. Bankruptcy practice has come a long way from the 1938 Chandler Act, which replaced equity receiverships with a reorganization process overseen by a bankruptcy trustee. In the decades since, bankruptcy professionals – both public and private – have played an increasingly conspicuous role in bankruptcy cases. From bankruptcy judges and bankruptcy trustees to chief restructuring officers, financial advisors and controllers, these individuals have influenced the development of law and the outcomes of cases, particularly in corporate, municipal, and even governmental reorganizations. What is the appropriate role of specialized professionals in bankruptcy proceedings, and is the extensive cast of characters at work in bankruptcy cases justified? This symposium explores the question.