Business Reorganization Committee


Post date: Tuesday, August 25, 2020

On March 17, 2020, in response to the COVID-19 pandemic to protect its customers and employees, J.C. Penney opted to close all of its stores and decrease supply chain operations.[1] Then, in mid-May, J.C. Penney and its affiliates (the debtors) filed for chapter 11 protection in the U.S.

Post date: Tuesday, August 25, 2020

In a significant recent decision in the Alta Mesa chapter 11 case,[1] Bankruptcy Judge Marvin Isgur of the United States Bankruptcy Court for the Southern District of Texas (the “Bankruptcy Court”) held that the debtors’ midstream oil and gas gathering agreements constituted real property covenants “running wi

Post date: Tuesday, August 25, 2020

On January 29, 2019, PG&E Corporation (“PG&E”) and its primary operating subsidiary, Pacific Gas and Electric Company (“Debtors”), were forced to file for bankruptcy protection as a result of disastrous wildfires that occurred in Northern California in 2017 and 2018 which gave rise to billions of dollars in liabilities against the power giant.

Post date: Tuesday, August 25, 2020

Could your chapter 11 debtor survive if its quarterly fees increased by 833%?

Post date: Monday, May 11, 2020

The safe harbor provision in 11 U.S.C. § 546(e) provides, in relevant part, that a trustee may not avoid a transfer “made by or to (or for the benefit of) a ... financial institution ...

Post date: Monday, May 11, 2020

FirstEnergy[1] sells electricity to customers in six states. It commenced a chapter 11 bankruptcy case in May 2018 in which it sought to reject long-term power purchase agreements (PPAs) entered into several years prior to bankruptcy.

Post date: Monday, May 11, 2020

The Supreme Court recently clarified that the finality of a bankruptcy court order is determined by evaluating whether the order unreservedly adjudicates a discrete proceeding or is part of a larger process. In Ritzen Group Inc. v.

Post date: Monday, May 11, 2020

The Fifth Circuit’s opinion in In re Ultra Petroleum[1] clarifies what “unimpaired” means under § 1124 of the Bankruptcy Code. The Fifth Circuit joined the Third Circuit[2] in holding that “[t]he plain text of § 1124(1) requires that ‘the plan’ do the altering.

Post date: Monday, May 11, 2020
Photo of Lindsay Zahradka Milne
Lindsay Zahradka Milne

In an opinion issued in December 2019, the Third Circuit found that the bankruptcy court below had constitutional authority to confirm a plan containing compelled third-party releases because — on the “specific, exceptional facts of [the Millennium Lab] case” — those releases were “integral to the restructuring of the debtor/creditor relationship.”

Post date: Thursday, October 03, 2019

Bankruptcy professionals have become quite accustomed to the increasingly common phenomenon of a troubled company filing a chapter 11 case and either simultaneousl


Mr. Robert S. Marticello
Smiley Wang-Ekvall, LLP
Costa Mesa, CA
(714) 445-1000

Ms. Jordana L. Renert
Lowenstein Sandler LLP
New York, NY
(212) 419-5963

Mr. Jacob Frumkin, Esq.
Communications Manager
Cole Schotz P.C.
Hackensack, NJ
(646) 563-8944

Ms. Jamie J. Fell
Education Director
Simpson Thacher & Bartlett
New York, NY
(212) 455-3822

Ms. Krista L. Kulp
Newsletter Editor
Cole Schotz P.C.
Hackensack, NY
(201) 525-6317

Mr. Bradley A. Cosman
Special Projects Leader
Perkins Coie LLP
Phoenix, AZ
(602) 351-8205

Please note that in order to view the content for the Committee Newsletters you must either sign in if you are already an ABI member, or otherwise you may Become an ABI Member