Business Reorganization Committee


Post date: Thursday, April 17, 2014

Editor’s Note: This is the second installment of a two-part series by the author. The first article was published in the December 2013 edition of the Business Reorganization Committee Newsletter.

The Bankruptcy Case: Determining Insolvency When Key Assets Are People

Post date: Thursday, April 17, 2014
Photo of Charles M. Berk
Charles M. Berk

As previously discussed in ABI’s Ethics and Professional Compensation Committee’s November 2013 Newsletter,[1] fee-sharing and proper disclosures in connection with certain professionals’ retention ap

Post date: Thursday, April 17, 2014
Photo of Marta Alfonso
Marta Alfonso

Federal tax refunds generated from investment or operating losses can represent a sizeable claim for an individual taxpayer or a consolidated taxpayer group. Ownership of tax refunds among consolidated members is not dictated by federal law, the Internal Revenue Code or regulation, but can be specified in tax-sharing agreements among affiliates.

Post date: Monday, August 08, 2011
Photo of Lorenzo Mendizabal
Lorenzo Mendizabal

Even the smallest chapter 11 reorganizations are complex, with many process handoffs, transactions and communication touchpoints. For cases with substantial or volatile creditor populations, the selection of a claims agent capable of helping a debtor company emerge from chapter 11 successfully can be critical.

Post date: Monday, August 08, 2011

The relatively recent decisions of the Third and Fifth Circuits in Philadelphia Newspapers [1] and Pacific Lumber, [2] with respect to the rights of creditors to credit-bid in a sale of assets under a reorganization plan, uprooted the expectations of secured lenders who had come to expect that in the case of a proposed plan effecting a sale of assets free and clear of liens, they would have the

Post date: Monday, August 08, 2011

On July 6, 2011, the FDIC issued a final rule implementing certain orderly liquidation authority provisions of the Dodd-Frank Act.

Post date: Thursday, March 03, 2011

In this still-troubled economy, the majority of chapter 11 cases in the small- and mid-sized markets continue to lead straight into chapter 11 liquidation and/or 3

Post date: Wednesday, February 02, 2011
Post date: Wednesday, February 02, 2011

In bankruptcy, a debtor often faces assessments for interest and penalties on property taxes from a variety of taxing jurisdictions. Addressing these claims can be frustrating and time-consuming.

Post date: Thursday, November 11, 2010

The Bankruptcy Code, under § 553, expressly preserves a creditor’s pre-petition right to setoff of mutual debt with the debtor.


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

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

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

Mr. Scott D. Lawrence
Communications Manager
Wick Phillips Gould & Martin LLP
Dallas, TX
(214) 420-4449

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

Mr. Dov Gottlieb
Membership Relations Director
Simpson Thacher & Bartlett LLP
New York, NY
(212) 455-2347

Ms. Colleen Restel
Newsletter Editor
Lowenstein Sandler LLP
Roseland, NJ
(973) 597-6310

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

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