With more than 900 members, the Bankruptcy Litigation Committee remains one of the largest and most active of ABI’s committees. The committee, its leadership, and its members were quite busy in 2020 — a year unlike any other — so we wanted to give you a quick update on the committee’s work.
Committees
When bankruptcy fiduciaries are appointed, one of their many duties is to identify and monetize property of the debtor’s estate. Frequently, such property may include a corporate debtor’s causes of action against its officers and directors, and related causes of action against the debtor’s professionals whose negligence may have driven the debtor into bankruptcy.
In Mexico, only business debtors, trusted estates, and legal entities that are incorporated under mercantile laws are eligible to file for bankruptcy.
The increasing size and complexity of modern corporations has contributed to a growing necessity for directors’ and officers’ (D&O) liability insurance policies.[1] It is well-settled that when a corporation goes into bankruptcy, D&O insurance policies themselves are property of the bankruptcy estate and thus subject to the aut
Directors have an unyielding fiduciary duty to protect the interests of the corporation and the stockholders alike. Claims for breaching this duty could result in personal liability and a large money judgment.
Two recent decisions involving health care companies demonstrate how reorganization under chapter 11 of the Bankruptcy Code[1] can be used to manage large liabilities.
The lifeblood for many hospitals is the prompt reimbursement by Medicare and Medicaid programs for services provided; this is particularly true for nonprofit providers.[1] As a result, the ability to compel reimbursement payments from the Centers for Medicare and Medicaid Services (CMS) or local and state Medicaid providers through the
![Photo of David C. Johnson[1]](https://abi-org-corp.s3.amazonaws.com/committee/Authors/djohnson.jpg)
The COVID-19 pandemic is straining already-troubled hospitals and other health care providers. Many will seek refuge in chapter 11, and bankruptcy courts nationwide will be called upon to adjudicate a host of issues, many time-sensitive, as health care providers struggle to provide services. Disputes regarding transferability of critical Medicare provider agreements are inevitable.
A petition for certiorari is presently pending with respect to the Sixth Circuit’s decision in In re Greektown Holdings LLC.[1] If granted, the U.S.
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.
Tue, 2017-05-30
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, 2017-05-30
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.
Sat, 2017-04-22
This session hosted by the Bankruptcy Litigation and Young and New Member Committees will focus on the limits of avoidance actions by bankruptcy trustees in Ponzi scheme cases, including arguments about the expansion of the look-back period to 10 years, trustee standing, clawbacks from noninvestor sources, in pari delicto and how trustees decide whom to sue.
Sat, 2017-04-22
This session hosted by the Bankruptcy Litigation and Young and New Member Committees will focus on the limits of avoidance actions by bankruptcy trustees in Ponzi scheme cases, including arguments about the expansion of the look-back period to 10 years, trustee standing, clawbacks from noninvestor sources, in pari delicto and how trustees decide whom to sue.
Mon, 2017-02-27
This panel will explore the nuts and bolts of bankruptcy appeals, taking into account the needs of one’s clients, examining the do’s and don’ts for an effective appeal, discussing the differences of appealing to the Bankruptcy Appellate Panel versus electing to proceed before the district court, the limits of appellate jurisdiction over interlocutory appeals, and addressing strategies for a successful appeal.
Wed, 2017-02-22
This panel will explore the nuts and bolts of bankruptcy appeals, taking into account the needs of one’s clients, examining the do’s and don’ts for an effective appeal, discussing the differences of appealing to the Bankruptcy Appellate Panel versus electing to proceed before the district court, the limits of appellate jurisdiction over interlocutory appeals, and addressing strategies for a successful appeal.
Wed, 2017-02-08
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, 2016-07-28
Authors of the Bankruptcy Litigation Committee's most recent newsletter hosted a call to discuss their topic, mediation of bankruptcy disputes.
Mon, 2016-05-16
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.
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Mr. Jeremy R. Fischer
Co-Chair
Drummond Woodsum
Portland, ME
(207) 772-1941
Co-Chair
Drummond Woodsum
Portland, ME
(207) 772-1941
Mr. Peter J. Keane
Co-Chair
Pachulski Stang Ziehl & Jones LLP
Wilmington, DE
(302) 778-6462
Co-Chair
Pachulski Stang Ziehl & Jones LLP
Wilmington, DE
(302) 778-6462
Mr. Anthony F. Pirraglia
Communications Manager
Thompson & Knight LLP
Houston, TX
(713) 654-8111
Communications Manager
Thompson & Knight LLP
Houston, TX
(713) 654-8111
Ms. Isley Markman Gostin
Education Director
WilmerHale
Washington, DC
(202) 663-6551
Education Director
WilmerHale
Washington, DC
(202) 663-6551
Mr. John C. Cannizzaro
Membership Relations Director
Ice Miller LLP
Columbus, OH
(614) 462-2700
Membership Relations Director
Ice Miller LLP
Columbus, OH
(614) 462-2700
Mr. Joseph C. Barsalona, II
Newsletter Editor
Morris, Nichols, Arsht & Tunnell LLP
Wilmington, DE
(302) 351-9118
Newsletter Editor
Morris, Nichols, Arsht & Tunnell LLP
Wilmington, DE
(302) 351-9118
Ms. Amanda Demby
Special Projects Leader
Province, Inc.
Henderson, NV
(310) 974-6352
Special Projects Leader
Province, Inc.
Henderson, NV
(310) 974-6352
Mr. James S. Green, Jr.
Special Projects Leader
Seitz, Van Ogtrop & Green, P.A.
Wilmington, DE
(302) 467-4426
Special Projects Leader
Seitz, Van Ogtrop & Green, P.A.
Wilmington, DE
(302) 467-4426