ABI is pleased to announce your 2008-2009 co-chairs, as well as the addition of five new leadership positions. These new positions are a result of your feedback r
Committees
On April 29, 2008, the Second Circuit Court of Appeals in In re The Penn Traffic Co., 2008 WL 1885328, held that under Bankruptcy Code §365, a nondebtor party to a contract that is executory at the time a bankruptcy case is commenced cannot, by post-petition tender or performance of its own outstanding obligations under the contract, deprive the debtor party of
Constructive trusts are creations of state law. However, some bankruptcy courts have exercised their equitable powers to impose constructive trusts on estate assets. Other bankruptcy courts have concluded that the notion of constructive trusts is at odds with the goals of the Bankruptcy Code.
Solvent corporations can generally do whatever they like with their assets. Officers and directors only have to account to their shareholders.
Creditors finally have a definitive answer. The Delaware Supreme Court has now held in North American Catholic Educational Programming Foundation Inc v.
Solvent corporations can generally do whatever they like with their assets. Officers and directors only have to account to their shareholders.
Creditors finally have a definitive answer. The Delaware Supreme Court has now held in North American Catholic Educational Programming Foundation Inc v.
Long-standing precedent in the First Circuit had held that claims arising out of stock redemptions, including notes payable to the former shareholders as the consi
While much of the attention on the business side of BAPCPA has been focused on the demise of KERPS, the capping of exclusivity and limitations on extensions of tim
Co-Chair
Simpson Thacher & Bartlett
New York, NY
(212) 455-3822
Co-Chair
Smiley Wang-Ekvall, LLP
Costa Mesa, CA
(714) 445-1000
Communications Manager
Cole Schotz P.C.
Hackensack, NJ
(646) 563-8944
Communications Manager
Wick Phillips Gould & Martin LLP
Dallas, TX
(214) 420-4449
Education Director
Cole Schotz P.C.
Hackensack, NY
(201) 525-6317
Membership Relations Director
Simpson Thacher & Bartlett LLP
New York, NY
(212) 455-2347
Newsletter Editor
Lowenstein Sandler LLP
Roseland, NJ
(973) 597-6310
Special Projects Leader
Perkins Coie LLP
Phoenix, AZ
(602) 351-8205