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Post date: Wednesday, November 16, 2016

Elvis Presley once said, “Truth is like the sun. You can shut it out for a time but it ain’t going away.” As we all know, the legal system in the U.S. is predicated upon truth — the decisions of the fact-finder are based on the veracity of the evidence presented. In Ehrenberg v.

Post date: Wednesday, November 16, 2016

It has now been almost two years since Bankruptcy Judge Steven W. Rhodes (ret.) confirmed an adjustment plan for the city of Detroit, the largest chapter 9 case ever filed. According to ABI’s statistics, 11 “municipalities” have filed for chapter 9 protection since Jan.

Post date: Wednesday, November 16, 2016

While the Federal Rules of Bankruptcy Procedure (FRBP) mirror the Federal Rules of Civil Procedure, the two rule sets contain enough significant differences to require a lawyer appearing in bankruptcy court to do a little homework beforehand.

Post date: Thursday, July 07, 2016

Fraudulent-transfer law is a crucial component of debtor/creditor relationships. In the bankruptcy context, fraudulent intent is an essential element for both a trustee’s clawback power through § 548‌(a)‌(1)‌(A) of the Bankruptcy Code[1] and for denial of a discharge through § 727‌(a)‌(2).

Post date: Thursday, July 07, 2016

The Bankruptcy Code revisions in the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 included a requirement that a court appoint a consumer privacy ombudsman (CPO) in some cases involving the sale of personally identifiable information. This requirement has now been in effect for over 10 years, and the time is ripe to assess the CPO’s role in bankruptcy cases.

Post date: Thursday, July 07, 2016

This article outlines the legislative framework behind and briefly describes the process of a bankruptcy proceeding,[1] the Canadian equivalent of a chapter 7 filing in the U.S.

Post date: Thursday, July 07, 2016

Justice Antonin Scalia's death this past February left a vacancy on the Supreme Court and set off a partisan battle over the confirmation of his successor.

Post date: Thursday, July 07, 2016

If a debtor has received a fraudulent transfer, he or she may also have incurred a nondischargeable debt. According to a recent ruling by the Supreme Court, the discharge exception for “actual fraud” is now broad enough to include the liability imposed, if any, on the recipient of fraudulent transfer. The Court resolved a circuit split in Husky International Electronics Inc. v.

Post date: Thursday, June 16, 2016

[1]Chapter 11 has largely become the sale chapter of the Bankruptcy Code. If the case is not a quick sale case, then it probably is a debt-for-equity swap. A traditional chapter 11 reorganization is expensive and, because of its relatively low success rate, is viewed by many lenders as not worth it.

Post date: Friday, April 01, 2016

One element of the bankruptcy process that is frequently confusing to new bankruptcy practitioners and nonbankruptcy lawyers is the U.S. Trustee Program. Although it is not infrequently assumed that the U.S. Trustee Program is part of the judicial branch, the U.S. Trustee is a component of the Department of Justice.

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Tue, 11/29/2016

The topic of the most recent Commercial Fraud Committee call, discussed the Uniform Voidable Transactions Act (UVTA), formerly named the Uniform Fraudulent Transfer Act (UFTA), which was amended (and retitled) in 2014 for the first time since its creation in 1984.  According to the Uniform Law Commission, the amended Act, which strengthens creditor protections by providing remedies for certain transactions by a debtor that are unfair to the debtor’s creditors, addresses a small number of narrowly-defined issues and is not a comprehensive revision of the Act.

Tue, 05/03/2016

Crossing the Digital Divide: How to Use Social Media to Augment Your Practice

Wed, 03/30/2016

The Unsecured Trade Creditors' Committee's call discussed  “gifting” and other recent developments regarding application of the absolute priority rule.

Wed, 10/07/2015

The ABI Bankruptcy Litigation Committee recently published a newsletter with articles focusing on IP matters in bankruptcy litigation. Following publication of the newsletter, authors invited members to dial in for further discussion of the topic and articles.

Tue, 09/08/2015

The Asset Sales Committee will host John Hutton and Henry Jaffe as they discuss the GM successor liability decision, now on appeal in the Second Circuit, describing the arguments and positions taken by different parties on key issues in the case and discussing the potential impact of the ruling on appeal.

Wed, 07/01/2015

The ABI Commission Report proposes some significant changes to the Bankruptcy Code, and the preferential transfer statute in Section 547 is no exception.This webinar explores the rationale behind the recommendations, such as the good faith belief for filing a demand letter or preference complaint, the increase in the statutory minimum to bring a preference action, and more.

Sat, 04/18/2015

Tax-Sharing Agreements in Bankruptcy that Have Been the Subject of Recent Appeals Courts Decisions

Ms. Jennifer B. Kimble
Co-Chair
Director, Business Development
Prime Clerk
830 3rd Ave Ste 300 9th Floor
New York NY
10022-6569
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Ms. Monique Bair DiSabatino
Co-Chair
Associate
Saul Ewing LLP
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Wilmington DE
19801-1165
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Mr. Evan T. Miller
Newsletter Editor
Associate
Bayard, P.A.
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Wilmington DE
19801-1621
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Mr. Elan Abraham Gershoni
Communications Manager

DLA Piper
200 S Biscayne Blvd Ste 2500
Miami FL
33131-5340
(305) 423-8500

Mr. Daniel A. White, Esq.
Education Director

Askew & Mazel, LLC
320 Gold Ave SW Ste 300A
Albuquerque NM
87102-3232
(505) 433-3097

Ms. Tara J. Schellhorn
Membership Relations Director
Associate
Riker, Danzig, Scherer, Hyland & Perretti LLP
1 Speedwell Ave PO Box 1981
Morristown NJ
07960-6838
(973) 538-0800

Mr. Brendan Gage
Special Projects/Task Force Leader
Associate
Paul Hastings LLP
71 S Wacker Dr Ste 4500 45th Flr
Chicago IL
60606-4608
(312) 499-6091