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Bankruptcy Litigation Committee


Post date: Thursday, January 18, 2018

With the continuing uncertainty in health care markets, many health care providers (or those that represent health care providers) need to consider potential reorganization pitfalls. Since many of these providers (if not all) are Medicare participants, one important aspect of any reorganization strategy will be determining the role that the federal government will play.

Post date: Thursday, January 18, 2018

A recent decision from a Texas bankruptcy court provides an important roadmap for health care debtors seeking to bind the Centers for Medicare and Medicaid Services (CMS) to confirmed chapter 11 plans. CMS is the federal agency that administers the Medicare program and, in cooperation with the various states, the Medicaid program.

Post date: Thursday, January 18, 2018

The Affordable Care Act (ACA) has been a political lightning rod since its enactment in 2010. It has been the focus of numerous legal challenges in the courts and endless dispute in Congress.

Post date: Thursday, January 18, 2018

Health care businesses are seeking bankruptcy relief in increasing numbers.[1] Often, company assets are sold pursuant to § 363 of the Bankruptcy Code.[2] Such sales benefit not only the debtor’s creditors, but also the community — providing for the continuation of medical car

Post date: Thursday, September 07, 2017

The Federal Rules of Civil Procedure were amended in 2015 and explicitly adopted the concept of proportionality:

Post date: Thursday, September 07, 2017

Statements made during mediation are privileged and confidential — right? In the context of federal bankruptcy proceedings, the answer is not so simple. Some practitioners will be surprised to learn that there is no such thing as a federal “mediation privilege.” The mediation privileges that most practitioners are familiar with are actually creatures of state law.

Post date: Friday, September 01, 2017

On June 2, 2017, the Fifth Circuit Court of Appeals issued its decision in Asarco LLC v. Montana Resources Inc., affirming an order on appeal from the U.S. District Court for the Southern District of Texas.

Post date: Friday, September 01, 2017

Bankruptcy practitioners across the circuits understand these categories of adversary proceedings or contested matters, involving state law claims, that could potentially be subject to bankruptcy jurisdiction: core and non-core proceedings.[1]  For core proceedings, a bankruptcy court may enter “final” orders and judgments.

Post date: Wednesday, May 03, 2017

In the recent spate of energy-related bankruptcy cases, restructuring efforts have focused on the underlying business economics — debt-for-equity swaps, rejection of gathering agreements, lease and contract rejections to improve operational efficiencies, and similar efforts. To date, however, many of the cases largely have ignored environmental issues and claims.

Post date: Wednesday, May 03, 2017

The rise in energy-sector bankruptcies has brought the question of whether oil and gas conveyances can be assumed or rejected under § 365 of the Bankruptcy Code to the surface. Issues related to assumption and rejection are particularly difficult in the energy sector because “[t]raditional property concepts are difficult to apply in the oil and gas context.


Tue, 05/30/2017

The Unsecured Trade Creditors Committee's May Tips of the Trade call featured Neil Steinkamp of Stout Risius Ross, LLC, who discussed the ordinary course of business defense in the context of preference analysis.

Tue, 05/30/2017

This May edition of the ABI Bankruptcy Litigation Committee Newsletter focused on bankruptcy litigation issues in energy sector restructurings.  The newsletter featured an article exploring assumption and rejection of oil and gas conveyances, and an article discussing CERCLA liabilities in energy-related cases. Following publication of this newsletter, both authors hosted a call to discuss the issues explored in their articles. Click here to review the articles. 

Wed, 02/08/2017

The Bankruptcy Litigation Committee recently hosted a conference call discussing the latest articles in their newsletter (which primarily focus on electronic discovery issues).  Authors of the Newsletter articles were available to discuss their articles and a wide range of topics, including the increasing role of metadata in bankruptcy and e-discovery obligations that may arise in connection with asset purchases.  

Thu, 07/28/2016

Authors of the Bankruptcy Litigation Committee's most recent newsletter hosted a call to discuss their topic, mediation of bankruptcy disputes.

Mon, 05/16/2016
During this informative call, the Newsletter Editors for the Mediation and Bankruptcy Litigation committees briefly disucssed the results of their joint survey concerning views about mediation. Ed Dobbs then lead a substansive discussion on mediation ethics. Click here to view the results of the survey and the outline provided by Mr. Dobbs that were published in a recent newsletter. 
Fri, 04/15/2016

War and Peace: Recent Trends and Developments in Bankruptcy Litigation and Mediation

Wed, 02/10/2016

The most recent committee call explored decisions that have clarified case law on recharacterization, including analyzing the Tenth Circuit’s Alternate Fuels

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.

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.

Fri, 04/17/2015

Trustee Selection in Commercial Bankruptcy Cases: Who Wins the Battle to Control the Estate?

Mr. Lucian Murley
Saul Ewing Arnstein & Lehr LLP
1201 N Market St Ste 2300 Suite 2300
Wilmington DE
(302) 421-6898

Ms. Ferve Emma Khan, Esq.
45 Rockefeller Plz
New York NY
(212) 589-4269

Mr. Peter J. Keane
Newsletter Editor
Pachulski Stang Ziehl & Jones LLP
919 North Market St 17th Flr
Wilmington DE
(302) 778-6462

Mr. Joseph C. Barsalona, II
Communications Manager
Richards, Layton & Finger P.A.
One Rodney Sq 920 North King Street
Wilmington DE
(302) 651-7542

Mr. Steven S. Flores
Education Director
Togut, Segal & Segal LLP
1 Penn Plz Ste 3335
New York NY
(212) 594-5000

Mr. James S. Green, Jr.
Membership Relations Director
Landis Rath & Cobb LLP
919 N Market St Ste 1800 PO Box 2087
Wilmington DE
(302) 467-4426

Mr. Jeremy R. Fischer
Special Projects Leader
Practice Group Leader, Bankruptcy, Restructuring & Creditors' Rights
Drummond Woodsum
84 Marginal Way Ste 600
Portland ME
(207) 772-1941