The Business Reorganization Committee has conducted its first formal survey of the members, and the results are in. To no one’s surprise--but to our gratification--the survey confirms that the members of the Committee consist of a geographically diverse group of restructuring-focused professionals from a cross-section of firms as well as academics and bankruptcy judges. The results have been
The holiday season is fast approaching and it would not surprise me if many of you reading this article receive a gift card at some point during the next couple of months. As you look at that gift card, however, you may find your heart sinking as you recall the numerous retail stores that recently filed for bankruptcy.
One of the themes of the Final Report and Recommendations released by the ABI’s Commission to Study the Reform of Chapter 11 is the shift in the balance of power between a distressed company and its creditors, as well as the introduction of perceived inequities among creditor constituencies.
For years, the law regarding the impact of a bankruptcy petition on the rights of a property tax purchaser in Illinois was unclear.
Editor’s Note: The following article, “Render unto Caesar the Venue Choice that Is Caesar’s: Venue Transfer and the 'Interest of Justice' Standard Examined in In re Caesars Entertainment Operating Co.,” won the prize for third place in the Seventh Annual ABI Bankruptcy Law Student Writing Competition. The author, Michael Sullivan, is a recent graduate of University of Georgia School of Law in Athens, GA.
Since chapter 12 is modeled after chapter 13, plus the relative paucity of chapter 12 case law, there is a considerable degree of cross-pollination whereby chapter 13 case law is used to resolve chapter 12 issues. Ordinarily, this is fine. Despite their similarities, however, chapter 12 is unique in certain respects.
In recent months, bankruptcy courts and nonbankruptcy courts have addressed the enforceability of make-whole premiums (“make-wholes”) where borrowers have sought to repay loans prior to maturity, including In re Energy Future Holdings, Inc., et al. (EFH) pending before Judge Christopher S. Sontchi of the U.S.
The last major revision to U.S. business reorganization laws occurred in 1978. In the nearly four decades since then, the markets and financial products, as well as the industry itself, have evolved. Accordingly, ABI established the Commission to Study the Reform of Chapter 11 to evaluate the U.S.
Most bankruptcy attorneys are born negotiators. It is part of our DNA to zealously advocate for our client’s position and simultaneously explore options for consensual resolution. Unfortunately, many bankruptcy disputes cannot be resolved this way. Perhaps the client has unrealistic expectations, or perhaps there is a personality conflict between the lawyers and their clients.
Following a nearly-three-year study, on Dec. 8, 2014, the ABI Commission to Study the Reform of Chapter 11 published a 400-page report containing recommendation and principles for policymakers. This article focuses on chapter 11 reform relating to professional retention and compensation.
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Simpson Thacher & Bartlett LLP
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Lowenstein Sandler LLP
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Perkins Coie LLP