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Business Reorganization Committee


Post date: Monday, May 11, 2020

The safe harbor provision in 11 U.S.C. § 546(e) provides, in relevant part, that a trustee may not avoid a transfer “made by or to (or for the benefit of) a ... financial institution ...

Post date: Monday, May 11, 2020

FirstEnergy[1] sells electricity to customers in six states. It commenced a chapter 11 bankruptcy case in May 2018 in which it sought to reject long-term power purchase agreements (PPAs) entered into several years prior to bankruptcy.

Post date: Monday, May 11, 2020

The Supreme Court recently clarified that the finality of a bankruptcy court order is determined by evaluating whether the order unreservedly adjudicates a discrete proceeding or is part of a larger process. In Ritzen Group Inc. v.

Post date: Monday, May 11, 2020

The Fifth Circuit’s opinion in In re Ultra Petroleum[1] clarifies what “unimpaired” means under § 1124 of the Bankruptcy Code. The Fifth Circuit joined the Third Circuit[2] in holding that “[t]he plain text of § 1124(1) requires that ‘the plan’ do the altering.

Lindsay Zahradka Milne
Post date: Monday, May 11, 2020

In an opinion issued in December 2019, the Third Circuit found that the bankruptcy court below had constitutional authority to confirm a plan containing compelled third-party releases because — on the “specific, exceptional facts of [the Millennium Lab] case” — those releases were “integral to the restructuring of the debtor/creditor relationship.”

Post date: Thursday, October 03, 2019

Bankruptcy professionals have become quite accustomed to the increasingly common phenomenon of a troubled company filing a chapter 11 case and either simultaneousl

Post date: Tuesday, October 01, 2019

Hon. Jack B. Schmetterer of the U.S.

Post date: Tuesday, July 23, 2019

Does a bankruptcy court have the power to enter a final order in a fraudulent-transfer action where the defendant has not filed a proof of claim, or is the bankruptcy court limited to submitting proposed findings of fact and conclusions of law to the district court for de novo review and entry of judgment? On March 11, 2019, in Paragon Litigation Trust v. Nobel Corp., et al.

Post date: Tuesday, July 23, 2019

In a “code-driven” discipline such as bankruptcy, third-party releases are a rare breed. As a form of equitable relief available to certain nondebtors in certain court-decreed circumstances in certain circuits, they are shrouded in a level of uncertainty seldom seen elsewhere. A recent holding from In re FirstEnergy Solutions Corp.

Post date: Saturday, July 20, 2019

Parties enter into contracts to get the benefit of their bargain. Loan agreements are no different.[1] If a credit facility has a term of five years, the borrower should expect to pay interest for five years.


Fri, 2017-12-01

Hosted by the Business Reorganization and Mediation Committees

Tue, 2016-11-29

The topic of the most recent Commercial Fraud Committee call, discussed the Uniform Voidable Transactions Act (UVTA), formerly named the Uniform Fraudulent Transfer Act (UFTA), which was amended (and retitled) in 2014 for the first time since its creation in 1984.  According to the Uniform Law Commission, the amended Act, which strengthens creditor protections by providing remedies for certain transactions by a debtor that are unfair to the debtor’s creditors, addresses a small number of narrowly-defined issues and is not a comprehensive revision of the Act.

Fri, 2016-04-15

Public Securities and the Bankruptcy Plan Process: What Not to Do

Tue, 2015-09-08

The Asset Sales Committee will host John Hutton and Henry Jaffe as they discuss the GM successor liability decision, now on appeal in the Second Circuit, describing the arguments and positions taken by different parties on key issues in the case and discussing the potential impact of the ruling on appeal.

Sat, 2015-04-18

Tax-Sharing Agreements in Bankruptcy that Have Been the Subject of Recent Appeals Courts Decisions

Tue, 2014-09-23

The Business Reorganization Committee held a free committee wide call on Tuesday, September 23rd, at 4 pm ET. The topic was titled "Looking at International Insolvency/Restructurings Through the Bankruptcy Code and Beyond," and featured key speakers, including: Patrick Mohan (Moderator) of Reorg Research (Columbia, S.C.), Rachel Ehrlich Albanese of Akin Gump Strauss Hauer & Feld LLP (New York), G.

Ms. Ronni N. Arnold
Shearman & Sterling LLP
New York, NY
(212) 848-4669

Ms. Jordana L. Renert
Arent Fox LLP
New York, NY
(212) 457-5476

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

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

Mr. Clayton George Gring, III
Membership Relations Director
AlixPartners LLP
Houston, TX
(214) 697-3367

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

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

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