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Post date: Monday, September 09, 2019

You are defending a client in a preference action, and the client tells you that its main contact at the pre-petition debtor was Bob Jones, the head of purchasing.

Post date: Friday, September 06, 2019

Editor's Note: The following article, "The Trouble of the $1,000 Billable Hour in Bankruptcy - Limitations of Professional Compensation by the

Post date: Friday, September 06, 2019

The Supreme Court’s seminal opinion in Daubert v.

Post date: Friday, September 06, 2019

Tax refunds and the election by consumer debtors to apply those refunds to future tax liability can raise many issues in consumer chapter 7 and chapter 13 bankrupt

Post date: Thursday, June 06, 2019
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)
Post date: Sunday, May 05, 2019

I sometimes joke that “bankruptcy litigator” is an oxymoron because bankruptcy and litigation practice often seem fundamentally at odds.

Post date: Thursday, May 02, 2019

Trustees and their counsel can breathe easier in the Fifth Circuit.

Post date: Thursday, May 02, 2019

Before litigating an adversary proceeding or contested matter against a state or its agencies, plaintiffs would be wise to consider whether the state entity has a colorable sovereign immunity defense.[1] In In re La Paloma Generating Co.,[2]

Post date: Thursday, May 02, 2019

In enacting § 106(a) of the Bankruptcy Code,[1] Congress waived the government’s ability to assert the defense of sovereign immunity with respect to a variety of Bankruptcy Code provisions.[2] Section 106(a) specifically authorizes the court to “issue

Post date: Thursday, May 02, 2019

A Delaware Bankruptcy Court has held that litigants pursuing post-confirmation state law fraud claims against the trustees of a mass-tort litigation trust must first seek leave from the bankruptcy court that established the trust. In Smith v.

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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

Mr. Steven S. Flores
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

Mr. Peter J. Keane
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

Mr. Joseph C. Barsalona, II
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

Mr. James S. Green, Jr.
Special Projects Leader
Landis Rath & Cobb LLP
Wilmington, DE
(302) 467-4426

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