On April 17, 2023, the Fifth Circuit issued a decision that demonstrated considerable deference to the bankruptcy court’s determination that a senior lender affiliated with the debtor remained a “good faith purchaser” when submitting a credit bid to purchase the debtor’s real property. [2]
Committees
In the realm of digital finance, economics and behavior, a peculiar phenomenon has emerged — one that stirs emotions, challenges conventions, and sometimes leaves us questioning the sanity of it all. For far too long, it seems, emperors with no clothes have danced their deceptive jig before a diverse audience, from seasoned investors to hopeful novices.
Intellectual property (IP) is a type of intangible asset held by businesses. It includes trademarks, patents, copyrights and more. Compared to tangible assets, identifying and calculating the value of intangible assets can be much more complex. When properly identified and valued, these assets help in creating or maintaining corporate value.
When a deadline falls on a weekend or a holiday, Federal Rule of Civil Procedure 6 (and its analogues Federal Rule of Bankruptcy Procedure 9006 and Federal Rule of Appellate Procedure 26) does not apply if the deadline is not calculated. In other words, if the court order states the deadline as a specific date, that date is the deadline, and it does not matter if it falls on a holiday.
With the U.S. Trustee Program announcing that § 341 meetings for all chapter 7 and 13 cases will be heading to Zoom, there is no turning back now. Most routine consumer bankruptcy cases can now be completed without the debtor ever leaving home.
When a debtor’s assets appreciate after filing a chapter 13 petition, historically that appreciation has inured to the debtor and not to the estate [1].
One of the most highly anticipated events of the year, ABI’s online Consumer Practice Extravaganza (CPEX) will return October 30-November 10, with on-demand access for an additional 60 days. Now in its third year, CPEX offers a wealth of CLE for the incredibly low price of just $100.
The cryptocurrency industry is plagued with problematic investment opportunities. But while the historical values of cryptocurrency have demonstrated volatility, investors continue to be drawn to these investments in hopes of capitalizing on increasing value. However, cryptocurrency investments have lately been associated with fraudulent investment schemes.
In 2021 and continuing into 2022, the magnitude of SPAC deals was historic. While the number of announced SPAC deals slipped in 2022 (by as much as half) and the number of withdrawn SPACs increased, the initial wave of “busted SPACs” has started, and many are approaching deadlines to consummate business mergers or consider liquidation and restructuring alternatives.
Mediation Committee Co-Chairs Examine Confidentiality During Inaugural “Reframing Mediation” Podcast
Hopefully you have had a chance to listen to ABI’s latest podcast featuring our very own Edward Schnitzer of Womble Bond Dickinson (New York) and Connor Bifferato of The Bifferato Firm (Wilmington, Del.).
Tue, 2019-07-30
On July 30, 2019, the leadership of the Consumer Bankruptcy Committee presented the free webinar “The Intersection of Bankruptcy and the FDCPA: the CFPB’s Notice of Proposed Rulemaking.” The expert panel included Committee Co-Chair Jon Lieberman (Sottile & Barile LLC; Loveland, Ohio), Chris Hawkins (The Bradley Firm; Birmingham, Alabama), and Keith Larson (Seiller Waterman LLC; Louisville, Kentucky.) The Consumer Financial Protection Bureau’s (CFPB) efforts to update the Fair Debt Collections Practices
Thu, 2019-06-20
Hosted by the Asset Sales and Financial Advisors and Investment Banking Committees. FAs, IBs, RE advisors, attorneys: too many cooks in the kitchen? This panel will discuss the anatomy of the bankruptcy sales process and focus on optimizing value by drawing on the resource skills of attorneys, investment banks, financial advisors and real estate advisors.
Wed, 2019-05-01
Hospital bankruptcies are on the rise, and rural hospitals are no exception. About 20% of rural hospitals are considered to be at risk of closure nationwide,and the majority of these hospitals are considered essential to their communities. In light of these trends, this webinar will provide ABI members an overview of the unique issues faced by small rural hospital designated as “critical access hospitals” (“CAHs”) by the Centers for Medicare and Medicaid Services. Established by the Balanced Budget Act of 1997, the CAH designation allows eligible rural hospitals to receive reimbursement from Medicare (and state Medicaid programs) based on 101% of allowable costs rather than the traditional fee-for-service model.
Thu, 2018-10-04
Join the Unsecured Trade Creditors Committee to discuss recent hot topics and important developments in preference law. The discussion will include cutting-edge issues regarding the “ordinary course” and “new value” defenses, as well as developing issues regarding the interplay of preference law with § 503(b)(9) and “critical vendor” programs. Ensure that your preference toolkit is up to date with the latest tricks of the trade by listening in.
Wed, 2018-01-10
The UTC Committee hosted their January call on Thursday, the 10th, where speakers discussed (1) what to do when you get wind that your customer could be days or weeks away from a bankruptcy filing; (2) your customer files, so what first day motions should you focus on and be concerned about; and (3) you are "lucky" enough to be invited to serve on the creditors' committee - should you accept the invitation.
Sat, 2017-12-02
Hosted by the Secured Credit and Unsecured Trade Creditors Committees. Unsecured trade creditors and secured creditors confront similar plan analysis issues, including gerrymandering, vote incentivization schemes, drop dead provisions, and golden shares. The panel will discuss some of those “creative” plan provisions and interesting confirmation issues that impact both secured and unsecured creditors.
Sat, 2017-12-02
Hosted by the Secured Credit and Unsecured Trade Creditors Committees. Unsecured trade creditors and secured creditors confront similar plan analysis issues, including gerrymandering, vote incentivization schemes, drop dead provisions, and golden shares. The panel will discuss some of those “creative” plan provisions and interesting confirmation issues that impact both secured and unsecured creditors.
Sat, 2017-12-02
Hosted by the Bankruptcy Litigation and Commercial Fraud Committees. This panel will explore whether and how far U.S. avoidance provisions might apply extraterritorially, and will discuss the challenges and pitfalls of alternate theories of recovery.
Sat, 2017-12-02
Hosted by the Bankruptcy Litigation and Commercial Fraud Committees. This panel will explore whether and how far U.S. avoidance provisions might apply extraterritorially, and will discuss the challenges and pitfalls of alternate theories of recovery.
Fri, 2017-12-01
Hosted by the Health Care, Real Estate, and Technology and Intellectual Property Committees This panel will explore the rapidly changing world of information technology and medical device technology, and how it is transforming the health care system in America. Just as importantly, the panelists will discuss the financial implications and issues impacting health care providers due to the costs associated with these technological changes, and how they are dealt with in the circumstance of a financially distressed health care business.
