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.
Bankruptcy Litigation Committee
Committees
On June 3, 2019, the U.S. Supreme Court released a unanimous decision in Taggart v.
With more than 900 members, ABI’s 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 2019, so we wanted to take a moment to quickly update you about what we’ve been working on.
This November, the Supreme Court will hear oral argument in Ritzen Group Inv. v. Jackson Masonry LLC[1] and ultimately will determine whether a particular bankruptcy court order that denied a stay-relief motion is a final, immediately appealable order under 28 U.S.C. § 158(a)(1).
When the IRS pays a tax refund to the corporate group, it always issues that refund to the corporate parent — even if some or all of the losses are attributable to one of its subsidiaries. That raises an oft-litigated and highly significant question: Who owns the refund?
Although 11 U.S.C. § 365(a) allows for rejection of executory contracts, determining whether a contract is, in fact, executory can be challenging. As illustrated by a recent Second Circuit case, whether an oil and gas gathering agreement can be fully rejected as an executory contract depends on the state law governing the dispute and the relationship of the covenants to real property.
This article addresses the requirements for vacating a judgment or order as void under Rule 60(b)(4) of the Federal Rules of Civil Procedure, including a review of the Supreme Court’s recent decision in United Student Aid Funds Inc. v. Espinosa, as it pertains to Rule 60(b)(4).
Fed. R. Civ. P. 60(b)(4)
I sometimes joke that “bankruptcy litigator” is an oxymoron because bankruptcy and litigation practice often seem fundamentally at odds.
Trustees and their counsel can breathe easier in the Fifth Circuit.
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. Steven S. Flores
Co-Chair
Rhode Island Legal Services, Inc.
Providence, NY
(401) 274-2652 ext. 182
Co-Chair
Rhode Island Legal Services, Inc.
Providence, NY
(401) 274-2652 ext. 182
Ms. Isley Markman Gostin
Communications Manager
WilmerHale
Washington, DC
(202) 663-6551
Communications Manager
WilmerHale
Washington, DC
(202) 663-6551
Mr. Peter J. Keane
Education Director
Pachulski Stang Ziehl & Jones LLP
Wilmington, DE
(302) 778-6462
Education Director
Pachulski Stang Ziehl & Jones LLP
Wilmington, DE
(302) 778-6462
Ms. Kesha Tanabe
Membership Relations Director
Tanabe Law
Minneapolis, MN
(612) 735-0188
Membership Relations Director
Tanabe Law
Minneapolis, MN
(612) 735-0188
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