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Post date: Friday, April 27, 2018

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.


Andrew I. Silfen
Post date: Thursday, April 26, 2018

What happens to a licensee’s right to use a trademark if the licensor files for bankruptcy?

Post date: Thursday, April 26, 2018

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.

Post date: Wednesday, November 29, 2017

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.


Donald L. Swanson
Post date: Wednesday, November 29, 2017

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

Post date: Wednesday, June 28, 2017

In the recent case of Calita Elston Robinson,[1] the U.S. Bankruptcy Court for the Northern District of Georgia addressed the issue of what the “interest at the legal rate” means under § 726(a)(5) of the Bankruptcy Code.

Post date: Wednesday, June 28, 2017

Profs. Richard M. Hynes (University of Virginia; Charlottesville, Va.), Anne Lawton (Lansing, Mich.) and Margaret Howard (Washington & Lee Law School; Lexington, Va.) recently published an article in the ABI Law Review on a groundbreaking study of chapter 11 cases for individual debtors.[1] The report profiles a typical individual who seeks protection and relief under chapter 11. The profile looks like this:

Post date: Tuesday, June 27, 2017

Section 1129(a)(10) of the Bankruptcy Code — requiring acceptance of a proposed plan from at least one impaired voting class — can often pose a unique challenge for single asset real estate debtors.[1] Indeed, finding an impaired accepting class may be the lynchpin for success in run of the mill single-asset bankruptcies, where debtors

Post date: Tuesday, June 27, 2017

Since 2004, thirteen Catholic dioceses have filed for bankruptcy protection. Although several dioceses filed before 2004, filings since then have been driven by mounting sexual abuse claims against the dioceses. In response to these filings, claimants are assembling formidable unsecured creditors’ committees. For the most part, these diocesan bankruptcies have resulted in settlements. However, adversary proceedings have drawn out several of these bankruptcies. The ownership of church assets has led to many disputes over what belongs to the entities being sued and what belongs to other separate organizations. Therefore, while the bankruptcy process has helped these religious organizations with protection from impending liabilities, it has also provided sexual abuse claimants with a venue to build substantial creditors’ committees and challenge the availability of assets.

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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
Partner
Loeb & Loeb LLP
345 Park Ave Fl 21
New York NY
10154-2000
(212) 407-4129

Mr. Shane G. Ramsey
Co-Chair
Partner
Nelson Mullins Riley & Scarborough, LLP
One Nashville Place 150 Fourth Avenue North, Suite 1100
Nashville TN
37219
(615) 664-5315

Mr. Patrick R. Mohan
Newsletter Editor
Distressed Debt Legal Analyst
Reorg Research Inc.
1329 Ellison Rd
Columbia SC
29206-4524


Ms. Ronni N. Arnold
Communications Manager
Associate
Shearman & Sterling LLP
599 Lexington Ave
New York NY
10022-6030
(212) 848-4669

Ms. Jordana L. Renert
Education Director
Associate
Arent Fox LLP
1675 Broadway Fl 34
New York NY
10019-5849
(212) 457-5476

Ms. Jennifer B. Kimble
Education Director
Director, Business Development
Prime Clerk
830 3rd Ave Ste 300
New York NY
10022-6569
(212) 257-5487

Mr. Charles W. Azano
Membership Relations Director
Associate
Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, PC
1 Financial Ctr Fl 38
Boston MA
02111-2641
(617) 348-1843

Mr. Robert S. Marticello
Special Projects Leader
Partner
Smiley Wang-Ekvall, LLP
3200 Park Center Dr Ste 250
Costa Mesa CA
92626-7234
(714) 445-1000