Duberstein Moot Court Competition
26th Annual Duberstein Moot Court Competition
St. John's School of Law and the American Bankruptcy Institute are pleased to sponsor the 26th Annual Duberstein Bankruptcy Moot Court Competition. The Duberstein Bankruptcy Moot Court Competition is widely recognized as one of the nation’s preeminent moot court competitions. The competition promotes and recognizes the finest oral and written advocacy on significant issues in bankruptcy practice. More than 50 law school teams participate, making this the largest single site appellate moot court competition. The competition culminates in a gala awards dinner. The dinner draws nearly 700 attendees, including many leading bankruptcy judges and practitioners.
Gala Awards Dinner:
Monday, March 5th, 2018
Grand Hyatt New York
Park Avenue at Grand Central Terminal
109 E 42nd Street, New York, NY 10017
Tel: (212) 883-1234
Preliminary Round Judges' Agenda
Competitor - Please note: Registration is now closed.
Team Information Form - Please note: Form is now closed.
Fact Pattern Clarifications:
Fact Pattern Clarification Request #1
On pages 4-5 of the record, are the dates correct? It seems that either December 2015 should be December 2014 or January 2015 should be January 2016.
Response to Fact Pattern Clarification Request #1
The "January 2015" date listed on page 5 is incorrect. It should be "January 2016" and will be changed in the Fact Pattern posted on line and provided to judges.
Fact Pattern Clarification Request #2
We wanted to double-check on the vagueness on the facts concerning the Committee’s claims against 4th Street. The facts on page seven of the record say the Committee only allege “certain claims.” Is there any other relevant information concerning the nature of these informal claims?
Response to Fact Pattern Clarification Request #2
No additional information will be provided regarding the "certain claims" alleged by the Committee beyond what is in the fact pattern.
Rule Clarification Request #1
In reading through the rules we are a bit confused. Can team members be LL.M. students or only JD students?
Response To Rule Clarification Request #1
Only currently enrolled LL.B. or J.D. students may be team members under Rule II(b). An LL.B. is not the same as an LL.M. In the United States, the LL.B. is equivalent to a J.D., but the LL.B. designation is rarely used in the U.S. nowadays. Since the requirement is simply that the team members be currently enrolled in a J.D. or LL.B. program, a student in a joint J.D./LL.M. program would be eligible to participate as long as the student is still currently a J.D. student at the time of the competition (i.e., has not yet received their J.D. degree).
Rule Clarification Request #1A
Our LLM program sounds like it is the functional equivalent of what you refer to as the LLB degree. Many of our LLM students are foreign students without a JD, but who have completed legal coursework in their own countries. They receive an LLM in order to practice in the US (thus getting a functional equivalent of a JD without an actual JD). Would such a student still be excluded?
Response To Rule Clarification Request #1A
LLMs may participate in the competition if the LLM is the student's first advanced degree in law. Students who are enrolled in an LLM program after having obtained their JD are not eligible to compete.
Rule Clarification Request #2
The team asks whether submission of the electronic certification form within 30 minutes of the deadline in Rule X will incur a penalty under Rule XXIII.
Response To Rule Clarification Request #2
Rule X. Service of the Briefs provides that both Briefs and Certifications must be filed by 11:59 pm est. The rule further states that Briefs received more than 30 minutes after the deadline will be treated as late-filed briefs unless the team establishes that it sent the brief in by the deadline. The Board will treat Certifications in the same manner.
Rule Clarification Request #3
To what extent are footnotes allowed? Pursuant to Duberstein Rules in VII Length and Form, all citation shall conform with the most recent edition of the Bluebook. Bluebook Table B2 "Citation Sentences and Clauses" states: "[i]n non-academic legal documents, citations appear within the text of the document as full sentences directly after the proposition they support. As opposed to academic legal documents, which cite to authority using footnotes, footnotes should only be used in non-academic legal documents when permitted by local court rules."
Response To Rule Clarification Request #3
Footnotes are not prohibited, however they should be used sparingly, and not for cites. A small penalty may be deducted for including information in footnotes, such as string cites, because it is inconsistent with the general rule, which provides that cites should be included within the text of the document. A penalty will be deducted if it appears that the team may have a perceived advantage by including information in the footnote. A team will have a perceived advantage if, for example, had a string cite been included in the text rather than a footnote, the brief would have exceeded its page limit.