Business Reorganization Committee

Committees

Post date: Wednesday, January 23, 2019

                 Third-party releases can be an integral part of a chapter 11 bankruptcy case. These releases can have the effect of a nonconsensual resolution of state law claims, and a question exists as to how they are implicated in a Stern v. Marshall analysis.

Post date: Monday, July 23, 2018
Photo of Lindsay Zahradka Milne
Lindsay Zahradka Milne

A seller of goods who enjoys a casual relationship with a buyer — without adhering to strict documentation and enforcement standards — can find itself in dire straits in the event of that buyer’s insolvency.

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
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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.

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Mr. Timothy James Anzenberger
Co-Chair
Adams and Reese LLP
Ridgeland, MS
(601) 292-0715

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

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

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

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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