A seller of goods who enjoys a casual relationship with a buyer — without adhering to strict documentation and enforcement standards — can find itself in dire straits in the event of that buyer’s insolvency.
Business Reorganization Committee
Committees
In Franchise Servs. of N. Am. v. U.S. Trs. (In re Franchise Servs. of N. Am.),[1] the Fifth Circuit Court of Appeals, on direct appeal from the U.S.
Editor's Note: ABI's latest video podcast features ABI Deputy Executive Director Amy Quackenboss talking with David R. Kuney of Whiteford Taylor Preston (Washington, D.C.).
When a firm files for bankruptcy, someone loses a financial investment. Whether the filing is chapter 7 or chapter 11, creditors may get only a portion of a return (or none) of their investment, and investors may well lose their entire investment. However, filing for bankruptcy does not mean that a firm goes out of business.
Like their for-profit counterparts, nonprofit corporations face a variety of challenges throughout their corporate life cycles, some of which may lead an organization to pursue reorganization under chapter 11 of the Bankruptcy Code.[1] One of the issues that arises during a nonprofit’s reorganization is whether its board of directors m
A Feb. 27, 2018, decision by the U.S. Supreme Court resolved a split in the circuit courts by clarifying that a bankruptcy trustee, creditors’ committee or other entity with standing may claw back preferences and constructive fraudulent transfers involving the purchase of securities, even though the transaction was effectuated by depositing funds or securities with financial institutions.
What happens to a licensee’s right to use a trademark if the licensor files for bankruptcy?
The permanent release of a nondebtor from a debt owed to a third party in a chapter 11 plan is barred per se in some courts and must meet a high standard to be allowed in others. The U.S. Bankruptcy Court for the District of Colorado in In re Midway Gold US Inc.
The issue of nonconsensual third-party releases in chapter 11 plans continues to generate litigation. Releases and corresponding injunctions frequently insulate nondebtors — such as directors, officers or parent entities — from claims asserted by other nondebtors. Litigation regarding third-party releases has also involved jurisdictional issues, including those addressed in Stern v.
Bankruptcy courts “generally presume that good chapter 11 lawyers can and should negotiate without the help of an outside mediator.” However, some Chapter 11 cases are “so inherently complex” or “riddled” with “high levels of distrust” that “the presiding judge (or more rarely, the parties) views the appointment of a plan mediator as a virtual necessity from the
Tue, 2016-11-29
The topic of the most recent Commercial Fraud Committee call, discussed the Uniform Voidable Transactions Act (UVTA), formerly named the Uniform Fraudulent Transfer Act (UFTA), which was amended (and retitled) in 2014 for the first time since its creation in 1984. According to the Uniform Law Commission, the amended Act, which strengthens creditor protections by providing remedies for certain transactions by a debtor that are unfair to the debtor’s creditors, addresses a small number of narrowly-defined issues and is not a comprehensive revision of the Act.
Fri, 2016-04-15
Public Securities and the Bankruptcy Plan Process: What Not to Do
Tue, 2015-09-08
The Asset Sales Committee will host John Hutton and Henry Jaffe as they discuss the GM successor liability decision, now on appeal in the Second Circuit, describing the arguments and positions taken by different parties on key issues in the case and discussing the potential impact of the ruling on appeal.
Sat, 2015-04-18
Tax-Sharing Agreements in Bankruptcy that Have Been the Subject of Recent Appeals Courts Decisions
Tue, 2014-09-23
The Business Reorganization Committee held a free committee wide call on Tuesday, September 23rd, at 4 pm ET. The topic was titled "Looking at International Insolvency/Restructurings Through the Bankruptcy Code and Beyond," and featured key speakers, including: Patrick Mohan (Moderator) of Reorg Research (Columbia, S.C.), Rachel Ehrlich Albanese of Akin Gump Strauss Hauer & Feld LLP (New York), G.
Mr. Dan B. Besikof
Co-Chair
Loeb & Loeb LLP
New York, NY
(212) 407-4129
Co-Chair
Loeb & Loeb LLP
New York, NY
(212) 407-4129
Mr. Shane G. Ramsey
Co-Chair
Nelson Mullins Riley & Scarborough, LLP
Nashville, TN
(615) 664-5315
Co-Chair
Nelson Mullins Riley & Scarborough, LLP
Nashville, TN
(615) 664-5315
Ms. Jordana L. Renert
Education Director
Arent Fox LLP
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Education Director
Arent Fox LLP
New York, NY
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Ms. Jennifer B. Kimble
Education Director
Lowenstein Sandler LLP
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Education Director
Lowenstein Sandler LLP
New York, NY
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Mr. Patrick R. Mohan
Newsletter Editor
Reorg
Columbia, SC
Newsletter Editor
Reorg
Columbia, SC
Mr. Robert S. Marticello
Special Projects Leader
Smiley Wang-Ekvall, LLP
Costa Mesa, CA
(714) 445-1000
Special Projects Leader
Smiley Wang-Ekvall, LLP
Costa Mesa, CA
(714) 445-1000
Ms. Ronni N. Arnold
Communications Manager
Shearman & Sterling LLP
New York, NY
(212) 848-4669
Communications Manager
Shearman & Sterling LLP
New York, NY
(212) 848-4669
Mr. Charles W. Azano
Membership Relations Director
Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, PC
Boston, MA
(617) 348-1843
Membership Relations Director
Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, PC
Boston, MA
(617) 348-1843