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Chapter 11 Under Fire: Bad Faith Filings, Motions to Dismiss Under § 1112(b), and Strategic Litigation in an Era of Heightened Judicial Scrutiny

Sharpen your Chapter 11 litigation edge. Win § 1112(b) dismissal fights, counter “Texas Two-Step” tactics, and shield clients from ethical pitfalls in today’s high-scrutiny bankruptcy landscape.

2026-06-09 13:00:00

Program Details

2026-06-09 13:00:00

Program Details

2026-06-09 13:00:00

Over 1,000+ webinars

2026-06-09 13:00:00

Course Overview

Winning § 1112(b) Dismissal Battles

2026-06-09 13:00:00

Equip yourself to litigate § 1112(b) motions to dismiss with confidence from proving or defeating “cause” to selecting remedies. Apply post-LTL strategies immediately to mass tort, divisional merger, and high-scrutiny Chapter 11 matters.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Circuit splits
Totality-of-the-circumstances tests across circuits and emerging splits between jurisdictions.
02
Expert testimony
Role of expert testimony on solvency and financial distress in dismissal hearings.
03
Forum shopping
Building a narrative of forum shopping or litigation evasion against debtor filings.
04
Trustee appointment
Appointment of Chapter 11 trustee or examiner as alternative remedy under § 1112(b).
05
Texas two-step
Mass tort bankruptcies and the Texas Two-Step under judicial skepticism of litigation-driven filings.
06
Board counsel
Counsel’s role in advising boards on filing risk and fiduciary duties.

Program schedule

clock 1:00 pm - 2:00 pm EST

Proving and Defeating Bad Faith Under § 1112(B)

Examine the statutory framework, totality-of-the-circumstances tests, and post-LTL financial distress analysis governing § 1112(b) dismissals. Master burden-shifting dynamics, evidentiary standards, expert testimony strategies, and balanced creditor and debtor playbooks for litigating contested bad-faith motions.

Judith K. FitzgeraldJudith K. Fitzgerald
Beverly Weiss ManneBeverly Weiss Manne
clock 2:10 pm - 3:10 pm EST

Remedies, Emerging Trends, and Ethical Risk

Analyze remedy selection between dismissal, conversion, and trustee appointment under the best-interests standard. Explore mass tort filings, Texas Two-Step scrutiny, venue challenges, appellate intervention, Rule 9011 sanctions exposure, and fiduciary duties in high-profile Chapter 11 strategy.

Judith K. FitzgeraldJudith K. Fitzgerald
Beverly Weiss ManneBeverly Weiss Manne
Judith K. Fitzgerald

Judith K. Fitzgerald

Tucker Arensberg, P.C

Beverly Weiss Manne

Beverly Weiss Manne

Tucker Arensberg, P.C

Judith K. Fitzgerald

Judith K. Fitzgerald

Tucker Arensberg, P.C

Honorable (Ret.) Judith K. Fitzgerald is a Shareholder at Tucker Arensberg, P.C., bringing more than 25 years of experience as a Bankruptcy Judge to her work as a seasoned litigator, mediator, arbitrator, expert witness, and consultant. She presided over commercial and consumer matters in the Western District of Pennsylvania (chief judge for five years), the District of Delaware, the Eastern District of Pennsylvania, and the U.S. Virgin Islands. She has unique experience in mass tort bankruptcies, having adjudicated more section 524(g) asbestos trust cases than any other bankruptcy judge in the country, and now consults with future claims representatives, plaintiffs’ counsel, insurers, and trustees on emerging cases and trusts.

Education & Credentials

Judge Fitzgerald earned her JD, BS, and BA from the University of Pittsburgh and the University of Pittsburgh School of Law. She is admitted to the bars of the District of Columbia and Pennsylvania, and to the U.S. Supreme Court, U.S. Tax Court, U.S. Court of Appeals for the Third Circuit, and the U.S. District Courts for the Eastern, Middle, and Western Districts of Pennsylvania. She has completed multiple mediation training programs, including the 40-hour Bankruptcy Mediation Training course offered by St. John's University and the American Bankruptcy Institute.

Recognition & Leadership

Judge Fitzgerald received the CLLA President's Cup Award (May 2024), the 2020 Bankruptcy Inn Alliance Distinguished Service Award, and the Lawrence P. King Award. She has been recognized by The Best Lawyers in America®, Pennsylvania's Super Lawyers®, Turnaround and Workouts (Top Ten Bankruptcy Jurists of the Year), Law360 (Honorable Mention as one of the most influential bankruptcy judges in history), and the Lawdragon 500 Leading U.S. Bankruptcy and Restructuring Lawyers (2020, 2023, 2025, 2026). Her leadership roles include Former President of the National Conference of Bankruptcy Judges, Past Chair of the Bankruptcy Judges' Advisory Committee of the Administrative Office of the U.S. Courts, and Former Chair of the Education Committee of the U.S. Court of Appeals for the Third Circuit.

Professional Involvement

Judge Fitzgerald is a Distinguished Neutral with FedArb, a Fellow of the American College of Bankruptcy, and a Member of the American Law Institute. She is Co-Founder of the Judith K. Fitzgerald Bankruptcy American Inn of Court and the Western Pennsylvania Network of the International Women's Insolvency and Restructuring Confederation, and Founder of the ABI Law Student Writing Competition and Mid-Atlantic Regional Conference. She regularly presents for the American Bankruptcy Institute, the Commercial Law League of America, the Association of Insolvency and Restructuring Advisors, the Allegheny County Bar Association, and the American Inns of Court.

Experience

Before her appointment as a bankruptcy judge in 1987, Judge Fitzgerald served as an Assistant United States Attorney in the Western District of Pennsylvania, focusing on complex frauds and criminal tax cases. On the bench, she presided over significant corporate matters including Armstrong World Industries, Federal-Mogul Corporation, Kaiser Aluminum Corporation, Owens Corning, Pittsburgh Corning Corporation, USG Corporation, and W.R. Grace & Co. Since joining Tucker Arensberg, she has served as counsel, expert consultant, expert witness, mediator, arbitrator, and moot judge in matters including Boy Scouts of America, Lehman Brothers Holdings, LTL Management LLC, and Intelsat S.A. She also serves as a Professor at the University of Pittsburgh School of Law, teaching basic and advanced bankruptcy law.
Beverly Weiss Manne

Beverly Weiss Manne

Tucker Arensberg, P.C

Beverly Weiss Manne is a Shareholder at Tucker Arensberg, P.C., serving as an experienced attorney who represents debtors, creditors, lessors, and buyers of assets in bankruptcy cases, non-judicial restructurings, and complex and distressed business and commercial credit matters and other commercial finance transactions. Her practice encompasses Bankruptcy and Reorganization Proceedings, State and Federal Receiverships, Workouts and Loan Restructurings, Forbearance Agreements, Enforcement Actions and Liquidations, Asset Acquisitions, Agricultural Lending and Agribusiness Issues, Negotiable Instrument Issues, Letters of Credit, Supply Agreements Terms, Contract Analysis, Marcellus and Energy, Mechanics Liens, and Municipal Insolvency.

Education & Credentials

Beverly earned her JD from the University of Pittsburgh School of Law and her BA, magna cum laude, from the University of Pittsburgh, where she was inducted into Phi Beta Kappa. She is admitted to the bars of Maryland and Pennsylvania, and to the U.S. Supreme Court, U.S. Court of Federal Claims, U.S. Courts of Appeals for the Third and Fourth Circuits, and the U.S. District Courts for the District of Maryland, the Eastern, Middle, and Western Districts of Pennsylvania, and the Western District of Michigan.

Recognition & Leadership

Beverly has been recognized in Pennsylvania's Super Lawyers® (Bankruptcy: Business), The Best Lawyers in America® (Bankruptcy & Creditor-Debtor Rights / Insolvency and Reorganization Law), and Martindale Hubbell "AV® Preeminent" Preeminent Women Lawyers (Inaugural Edition, 2011–Present), and has been named to the Lawdragon 500 Leading U.S. Bankruptcy and Restructuring Lawyers list in 2023, 2025, and 2026. Her leadership roles include serving on the Tucker Arensberg Board of Directors (1988–2014), as Chair of the Pennsylvania Bar Association Business Law Section (2022–2023), as Former President of the Board of Directors of TMA International (2004–2009), and as Founding Member and Former President of the Tri-State Network of the International Women's Insolvency and Restructuring Confederation.

Professional Involvement

Beverly is a Fellow of the American College of Bankruptcy and the Allegheny County Bar Foundation, and served on the CLLA Bankruptcy Section Executive Council through 2023. She is active in the Allegheny County Bar Association's Bankruptcy and Commercial Law Section (Member, Former Chair, Former Council Member) and the Pennsylvania Bar Association, where she serves on the Leadership Council, Shale Energy Law Committee, UVTA Committee, and Transactions Act Committee. She is also a member of the American Bar Association, American Bankruptcy Institute, Anti-Defamation League (Pittsburgh), RNLA Council, the Judith K. Fitzgerald Western Pennsylvania Bankruptcy American Inn of Court (Founding Member, Past President, Executive Committee), and previously served on the Board of Directors of the Turn Around Management Association's Pittsburgh Chapter.

Experience

Prior to joining the firm, Beverly was Assistant Counsel at the U.S. Department of Agriculture, Office of General Counsel, Regions I, II, and III (12 states and 2 territories), representing its agencies in the origination and enforcement of business, industrial, agricultural, and housing loans made and guaranteed by the Farmers Home Administration, Commodity Credit Corporation, Food and Nutrition Service, Natural Resources Conservation Service, and Federal Crop Insurance Corporation. Her representative bankruptcy and receivership experience spans numerous jurisdictions and includes matters such as AHERF, Bethlehem Steel, City of Harrisburg Chapter 9, Endo International plc, Lehman Brothers, Lyondell Chemical Company, Mallinckrodt PLC, Pittsburgh Corning Corporation, and Sorrento Therapeutics, Inc. She also serves as an Adjunct Professor at the University of Pittsburgh School of Law, teaching Payment Systems (2002–present) and previously Secured Transactions (1998, 2004–2009).
Judith K. Fitzgerald

Judith K. Fitzgerald

Tucker Arensberg, P.C

Honorable (Ret.) Judith K. Fitzgerald is a Shareholder at Tucker Arensberg, P.C., bringing more than 25 years of experience as a Bankruptcy Judge to her work as a seasoned litigator, mediator, arbitrator, expert witness, and consultant. She presided over commercial and consumer matters in the Western District of Pennsylvania (chief judge for five years), the District of Delaware, the Eastern District of Pennsylvania, and the U.S. Virgin Islands. She has unique experience in mass tort bankruptcies, having adjudicated more section 524(g) asbestos trust cases than any other bankruptcy judge in the country, and now consults with future claims representatives, plaintiffs’ counsel, insurers, and trustees on emerging cases and trusts.

Education & Credentials

Judge Fitzgerald earned her JD, BS, and BA from the University of Pittsburgh and the University of Pittsburgh School of Law. She is admitted to the bars of the District of Columbia and Pennsylvania, and to the U.S. Supreme Court, U.S. Tax Court, U.S. Court of Appeals for the Third Circuit, and the U.S. District Courts for the Eastern, Middle, and Western Districts of Pennsylvania. She has completed multiple mediation training programs, including the 40-hour Bankruptcy Mediation Training course offered by St. John's University and the American Bankruptcy Institute.

Recognition & Leadership

Judge Fitzgerald received the CLLA President's Cup Award (May 2024), the 2020 Bankruptcy Inn Alliance Distinguished Service Award, and the Lawrence P. King Award. She has been recognized by The Best Lawyers in America®, Pennsylvania's Super Lawyers®, Turnaround and Workouts (Top Ten Bankruptcy Jurists of the Year), Law360 (Honorable Mention as one of the most influential bankruptcy judges in history), and the Lawdragon 500 Leading U.S. Bankruptcy and Restructuring Lawyers (2020, 2023, 2025, 2026). Her leadership roles include Former President of the National Conference of Bankruptcy Judges, Past Chair of the Bankruptcy Judges' Advisory Committee of the Administrative Office of the U.S. Courts, and Former Chair of the Education Committee of the U.S. Court of Appeals for the Third Circuit.

Professional Involvement

Judge Fitzgerald is a Distinguished Neutral with FedArb, a Fellow of the American College of Bankruptcy, and a Member of the American Law Institute. She is Co-Founder of the Judith K. Fitzgerald Bankruptcy American Inn of Court and the Western Pennsylvania Network of the International Women's Insolvency and Restructuring Confederation, and Founder of the ABI Law Student Writing Competition and Mid-Atlantic Regional Conference. She regularly presents for the American Bankruptcy Institute, the Commercial Law League of America, the Association of Insolvency and Restructuring Advisors, the Allegheny County Bar Association, and the American Inns of Court.

Experience

Before her appointment as a bankruptcy judge in 1987, Judge Fitzgerald served as an Assistant United States Attorney in the Western District of Pennsylvania, focusing on complex frauds and criminal tax cases. On the bench, she presided over significant corporate matters including Armstrong World Industries, Federal-Mogul Corporation, Kaiser Aluminum Corporation, Owens Corning, Pittsburgh Corning Corporation, USG Corporation, and W.R. Grace & Co. Since joining Tucker Arensberg, she has served as counsel, expert consultant, expert witness, mediator, arbitrator, and moot judge in matters including Boy Scouts of America, Lehman Brothers Holdings, LTL Management LLC, and Intelsat S.A. She also serves as a Professor at the University of Pittsburgh School of Law, teaching basic and advanced bankruptcy law.
Beverly Weiss Manne

Beverly Weiss Manne

Tucker Arensberg, P.C

Beverly Weiss Manne is a Shareholder at Tucker Arensberg, P.C., serving as an experienced attorney who represents debtors, creditors, lessors, and buyers of assets in bankruptcy cases, non-judicial restructurings, and complex and distressed business and commercial credit matters and other commercial finance transactions. Her practice encompasses Bankruptcy and Reorganization Proceedings, State and Federal Receiverships, Workouts and Loan Restructurings, Forbearance Agreements, Enforcement Actions and Liquidations, Asset Acquisitions, Agricultural Lending and Agribusiness Issues, Negotiable Instrument Issues, Letters of Credit, Supply Agreements Terms, Contract Analysis, Marcellus and Energy, Mechanics Liens, and Municipal Insolvency.

Education & Credentials

Beverly earned her JD from the University of Pittsburgh School of Law and her BA, magna cum laude, from the University of Pittsburgh, where she was inducted into Phi Beta Kappa. She is admitted to the bars of Maryland and Pennsylvania, and to the U.S. Supreme Court, U.S. Court of Federal Claims, U.S. Courts of Appeals for the Third and Fourth Circuits, and the U.S. District Courts for the District of Maryland, the Eastern, Middle, and Western Districts of Pennsylvania, and the Western District of Michigan.

Recognition & Leadership

Beverly has been recognized in Pennsylvania's Super Lawyers® (Bankruptcy: Business), The Best Lawyers in America® (Bankruptcy & Creditor-Debtor Rights / Insolvency and Reorganization Law), and Martindale Hubbell "AV® Preeminent" Preeminent Women Lawyers (Inaugural Edition, 2011–Present), and has been named to the Lawdragon 500 Leading U.S. Bankruptcy and Restructuring Lawyers list in 2023, 2025, and 2026. Her leadership roles include serving on the Tucker Arensberg Board of Directors (1988–2014), as Chair of the Pennsylvania Bar Association Business Law Section (2022–2023), as Former President of the Board of Directors of TMA International (2004–2009), and as Founding Member and Former President of the Tri-State Network of the International Women's Insolvency and Restructuring Confederation.

Professional Involvement

Beverly is a Fellow of the American College of Bankruptcy and the Allegheny County Bar Foundation, and served on the CLLA Bankruptcy Section Executive Council through 2023. She is active in the Allegheny County Bar Association's Bankruptcy and Commercial Law Section (Member, Former Chair, Former Council Member) and the Pennsylvania Bar Association, where she serves on the Leadership Council, Shale Energy Law Committee, UVTA Committee, and Transactions Act Committee. She is also a member of the American Bar Association, American Bankruptcy Institute, Anti-Defamation League (Pittsburgh), RNLA Council, the Judith K. Fitzgerald Western Pennsylvania Bankruptcy American Inn of Court (Founding Member, Past President, Executive Committee), and previously served on the Board of Directors of the Turn Around Management Association's Pittsburgh Chapter.

Experience

Prior to joining the firm, Beverly was Assistant Counsel at the U.S. Department of Agriculture, Office of General Counsel, Regions I, II, and III (12 states and 2 territories), representing its agencies in the origination and enforcement of business, industrial, agricultural, and housing loans made and guaranteed by the Farmers Home Administration, Commodity Credit Corporation, Food and Nutrition Service, Natural Resources Conservation Service, and Federal Crop Insurance Corporation. Her representative bankruptcy and receivership experience spans numerous jurisdictions and includes matters such as AHERF, Bethlehem Steel, City of Harrisburg Chapter 9, Endo International plc, Lehman Brothers, Lyondell Chemical Company, Mallinckrodt PLC, Pittsburgh Corning Corporation, and Sorrento Therapeutics, Inc. She also serves as an Adjunct Professor at the University of Pittsburgh School of Law, teaching Payment Systems (2002–present) and previously Secured Transactions (1998, 2004–2009).

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

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Trusted by Legal Professionals

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Trusted by Legal Professionals

1000+

Live stream programs

24/7

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70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Approved
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Approved
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Approved
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Approved
California
Approved
Colorado
Pending
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Approved
Delaware
Pending
District of Columbia
No Required
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Approved
Georgia
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Approved
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Pending
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Indiana
Approved
Iowa
Pending
Kansas
Approved
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Approved
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Approved
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs