Further propelling the Charles C. Papy, Jr. Moot Court Board toward a top national ranking, the UM Law School won the 17th annual Chief Judge Conrad B. Duberstein Bankruptcy Moot Court Competition, held on March 14th through March 17th at St. John’s University in Queens, New York. 

The UM Law team, consisting of Omar Bradford, 2L, Natalie Boyajian, 2L, and Michael Rothenberg, 3L, took first place out of 47 teams from law schools across the country.   Another UM law team, consisting of Vincent Alexander, 3L, Shannon Puopolo, 3L, and Kristin Stastny, 3L, received an honorable mention for their brief. 

“Preparing for this competition was both mentally demanding and stimulating,” said Boyajian.  “It required me to leave my comfort zone and begin to research, learn, and advocate regarding challenging legal bankruptcy issues.”

The Duberstein Moot Court Competition is the only national competition devoted to bankruptcy law and is jointly sponsored by St. John’s University School of Law and the American Bankruptcy Institute. The Duberstein Competition is designed to simulate an appeal before the United States Supreme Court.  This year, teams prepared briefs and oral arguments on two important and unresolved issues of bankruptcy law.  The first was whether the appropriate test for substantive consolidation is the strict standard announced by the Third Circuit in Owens Corning or the liberal “modern test” used in some other circuits.  The second issue dealt with whether a creditor’s vote on a plan can be disqualified because its economic incentives are contrary to those if its class of claims.

UM Law Professor Patricia Redmond, who has lead the School to great success in this competition over the past decade, advised the teams through approximately 30 practice rounds, with the support of UM Law Professor and substantive consolidation expert, William Widen. Local judges and practitioners also assisted in judging rounds throughout the teams’ preparation.

“I always enjoy Moot Court exercises, but the Duberstein Bankruptcy Competition was the most fun I have had,” said Bradford.  “My teammates and I developed a strong bond, which allowed us to have fun while training and competing. Moreover, the fact that the issues we argued are so current, with the law developing as we speak, added to the experience.”

posted 23-March-2009