Rafael Zahralddin , managing shareholder of the Firm’s Wilmington office, is the Program Chair for a panel presentation at the Fall meeting of the Business Bankruptcy Committee of the American Bar Association’s Business Law Section, which is being held in conjunction with the National Conference of Bankruptcy Judges (“NCBJ”) , on October 13-16, 2010.
The panel, titled “Practicing What You Plead: Pleading Practicalities in the Post Twombly, Iqbal, and Caremerica World,” will address the attached written materials co-authored by Mr. Zahralddin and the Firm’s Shelley Kinsella entitled, “The King is Dead. Long Live the King. A Primer to the Shift in the Federal Pleading Standard from Conley’s ‘No Set of Facts’ Test to the Twombly / Iqbal ‘Plausibility’ Test and its Impact on Bankruptcy Litigation.” Since the 1957 Supreme Court decision in Conley, it has been settled law that a complaint should not be dismissed for failure to state a claim unless it appeared “beyond doubt” that the plaintiff could prove no set of facts in support of its claims. The Conley standard was revisited by the Supreme Court decision in Twombly which instead required that a complaint state “enough factual matter” to make the claim “plausible.” In 2009, the Supreme Court further qualified the pleading standard in Iqbal, with a new federal heightened pleadings standard which requires that “a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim for relief that is plausible on its face.’” A series of recent decisions in the Caremerica bankruptcy have applied the Twombly / Iqbal test to avoidance actions. The program will discuss the Caremerica decision and the impact of Twombly and Iqbal. This panel, moderated by the Hon. John K. Olson of the United States Bankruptcy Court in Fort Lauderdale will be held on Friday morning, October 15, 2010 at the Fall Meeting of the Business Bankruptcy Committee. Mr. Zahralddin serves as the Vice Chair of the Trustees and Examiners Subcommittee of the ABA Business Bankruptcy Committee.
ABA NCBJ Caremerica