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Bankruptcy Litigation Committee


Post date: Friday, May 11, 2018

The Ninth Circuit Court of Appeals recently joined the Seventh Circuit in adopting what it referred to as the “minority rule” in holding that a free-and-clear sale of property under § 363(f) of the Bankruptcy Code strips a tenant of its statutory right to remain in the premises notwithstanding rejection of the lease pursuant to § 365(h) of the Bankruptcy Code in In the Matter of Spanish Pea

Post date: Friday, May 11, 2018

On Feb. 21, 2018, the Delaware Bankruptcy Court in Stanley Jacobs Production Ltd. v.

Daniel J. Carragher
Post date: Friday, May 11, 2018

On Jan. 12, 2018, the First Circuit decided Mission Product Holdings. Inc. v.

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.


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. 

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. 
Fri, 2016-04-15

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

Wed, 2016-02-10

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

Wed, 2015-10-07

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, 2015-07-01

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, 2015-04-17

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

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

Mr. Steven S. Flores
Togut, Segal & Segal LLP
New York, NY
(212) 594-5000

Mr. Jeremy R. Fischer
Education Director
Drummond Woodsum
Portland, ME
(207) 772-1941

Mr. Peter J. Keane
Newsletter Editor
Pachulski Stang Ziehl & Jones LLP
Wilmington, DE
(302) 778-6462

Ms. Kesha Tanabe
Special Projects Leader
Tanabe Law
Minneapolis, MN
(612) 735-0188

Mr. Joseph C. Barsalona, II
Communications Manager
Richards, Layton & Finger P.A.
Wilmington, DE
(302) 651-7542

Mr. James S. Green, Jr.
Membership Relations Director
Landis Rath & Cobb LLP
Wilmington, DE
(302) 467-4426