18th Annual Chief Judge Conrad B. Duberstein Bankruptcy Moot Court Competition

March 18, 2010

Teams from the University of Texas School Of Law swept the 18th Annual Chief Judge Conrad B. Duberstein Bankruptcy Moot Court Competition, winning both the oral rounds and the award for Best Brief.  Forty-seven teams from law schools around the country competed in New York from March 13th – 15th at the nation’s only moot court competition devoted entirely to bankruptcy.   Last year’s winner, the University of Miami School Of Law, tied for third place with the Texas Tech University School of Law.

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The competition is sponsored by the St. John’s University School of Law and the American Bankruptcy Institute and is named for distinguished St. John’s alumnus and former ABI Director, Chief Judge Conrad B. Duberstein, who passed away in 2005 at the age of 90.

The ABI Endowment Fund provided prizes of $5,000 to the first place team, $3,000 to the second place team and $1,000 to the team winning the Best Brief award.  The third place teams each received $1,500.  Nicole Hay, a student at the Southern Methodist University, Dedman School of Law, won the $1,000 Best Oral Advocate award.

Click here for a complete list of winners.

Nearly 200 lawyers and judges helped judge the event, which included eight rounds of arguments.  In addition to New York area Bankruptcy Judges, the ABI brought in a dozen Bankruptcy Judges from around the nation to judge the advanced rounds.

The final round was held at the Conrad Duberstein United States Bankruptcy Courthouse in Brooklyn.  The final round was judged by a panel of distinguished federal jurists that included: Hon. R. Guy Cole, U.S. Court of Appeals for the Sixth Circuit; Hon. Steven M. Colloton, U.S. Court of Appeals for the Eighth Circuit; Hon. A. Wallace Tashima, U.S. Court of Appeals for the Ninth Circuit; Hon. Gerald Bard Tjoflat, U.S. Court of Appeals for the Eleventh Circuit; Hon. Stuart M. Bernstein, Chief Judge of the U.S. Bankruptcy Court, S.D.N.Y.; and Hon. Carla E. Craig, Chief Judge of the U.S. Bankruptcy Court, E.D.N.Y.

Each year, the competition problem focuses on two sophisticated cutting edge issues of bankruptcy law.  Past competitions addressed environmental clean up costs, channeling injunctions in mass tort cases, state sovereign immunity, the constitutionality of the bankruptcy courts, religious entity bankruptcies, and the constitutionality of speech restrictions imposed on consumer bankruptcy attorneys, to name just a few of the problem topics. 
   
This year’s problem was pulled from the headlines.  It is based on a failed Ponzi investment scheme, with the names of the parties drawn from the 1850’s Dicken’s novel Little Dorrit, one of the earliest depictions of such a scheme in English literature.  The problem raises two timely and important issues of bankruptcy practice.  The first issue is one likely to arise in many of the currently pending Ponzi scheme bankruptcies -- whether a sophisticated investor who becomes suspicious and withdraws funds is denied the protection provided to good-faith transferees.  The second issue is whether a bankruptcy trustee can waive an individual debtor’s attorney client privilege. The fact pattern can be accessed at http://www.abiworld.org/moot10/ or www.stjohns.edu/law/bankruptcy.

The event culminated with the gala awards banquet at Pier 60, Chelsea Piers, in Manhattan. More than 1,000 persons, including many of the leading New York bankruptcy judges and practitioners, attended the event.  The evening’s program included the presentation of an award to Hon. Burton R. Lifland in recognition of his 30 years of distinguished service on the U.S. Bankruptcy Court for the Southern District of New York.

Information about next year’s events will be posted at www.stjohns.edu/law/bankruptcy.