St. John’s School of Law and American Bankruptcy Institute Host 21st Annual Chief Judge Conrad B. Duberstein Moot Court Competition

March 19, 2013

SMU Dedman School of Law overcame a tough challenge from Florida Coastal School of Law to win the 21st Annual Chief Judge Conrad B. Duberstein Bankruptcy Moot Court Competition. Sixty teams from law schools around the country competed in New York from March 9-11, 2013 at the nation’s only moot court competition devoted entirely to bankruptcy. Sponsored by St. John’s School of Law and the American Bankruptcy Institute, the Competition 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. Widely viewed as one of the premier moot court competitions, it draws the nation’s most competitive moot court teams in addition to teams of students interested in pursuing bankruptcy careers. All four of the winning schools in this year’s competition were ranked among the top 25 national moot court programs last year.

The ABI Endowment Fund provided the first and second place teams with a $5,000 and a $3,000 prize, respectively. The Stetson University College of Law and the University of Florida Fredric G. Levin College of Law each received $1,500 for their third place tie. SMU’s winning team also won $1,000 for Best Brief. Nicholas Andrews, a member of the third place University of Florida Fredric G. Levin College of Law team, won the $1,000 Best Oral Advocate award. Many of the teams were sponsored or coached by bankruptcy bar associations or local law firms. In addition, regional bankruptcy bar associations and law firms sponsored warm-up competitions in Texas, Florida, Las Vegas, and New York.

More than 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 rounds were 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. Edith Hollan Jones of the Fifth Circuit U.S. Court of Appeals
  • Hon. Steven Colloton of the Eighth Circuit U.S. Court of Appeals
  • Hon. Diarmuid O’Scannlain of the Ninth Circuit U.S. Court of Appeals
  • Hon. Laura Taylor Swain of the U.S. District Court, S.D.N.Y.
  • Hon. Cecilia G. Morris, Chief Judge of the U.S. Bankruptcy Court, S.D.N.Y.
  • 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 such topics as: environmental cleanup 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.

This year’s problem considered whether a prohibition against filing bankruptcy that is included in a corporation’s by-laws constitutes an unenforceable bankruptcy waiver, and whether the automatic bankruptcy stay blocks an action for an injunction against on-going patent infringement. The judges, lawyers and students agreed that the fact pattern and quality of competitors was outstanding. “This year’s problem forced the students to grapple not only with some of the most difficult concepts in bankruptcy law, but to integrate them into complex questions of both corporate and patent law. They did a fabulous job,” said Professor G. Ray Warner, Associate Dean for Bankruptcy Studies at St. John’s School of Law and a faculty advisor to the competition. “In addition, the competition helps advance the development of bankruptcy law by giving the judges an outstanding presentation of issues that they will soon see in their own courts.”

The event culminated with the gala awards banquet at Pier 60, Chelsea Piers, in New York City. More than 1,000 guests, including many of the leading New York bankruptcy judges and practitioners, attended the event.

To learn more about this year’s Duberstein Competition, and for information about next year’s event on March 1 – 3, 2014, please visit the competition website.