Business Reorganization Committee

Committees

Post date: Monday, July 23, 2018
Photo of David L. Curry, Jr.
David L. Curry, Jr.

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.

Post date: Monday, July 23, 2018

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.).

Post date: Monday, July 23, 2018

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.

Post date: Wednesday, June 20, 2018
Photo of Zachary J. Gregoricus
Zachary J. Gregoricus

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

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.

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

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
Photo of Jed K. Donaldson
Jed K. Donaldson

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.

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

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

Pages

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

Ms. Jordana L. Renert
Co-Chair
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