Business Reorganization Committee


Post date: Wednesday, June 29, 2016

The “automatic stay” is one of the most fundamental debtor protections under the Bankruptcy Code. On rare occasions, courts have used their equitable powers under Bankruptcy Code § 105 to enjoin actions against nondebtors, usually arising from the same litigation plaguing the debtor. In late 2015, the Seventh Circuit Court of Appeals decided Caesars Entertainment Operating Co. v.

Post date: Tuesday, May 17, 2016

The past 25 years have marked a growing trend toward the legalization and decriminalization of marijuana. Twenty-three states have legalized the drug’s medical use, with four states and Washington, D.C., going a step further by permitting its recreational use for adults over the age of 21.

Post date: Tuesday, May 17, 2016

Editor’s Note: For more on this topic, purchase Municipalities in Peril: The ABI Guide to Chapter 9, Second Edition, available in the ABI Bookstore ( Members must log in first to obtain reduced pricing.

Post date: Tuesday, May 17, 2016
Photo of Michael Mikikian
Michael Mikikian

The current process for administering chapter 7 cases was established at a time when paper documents had to be hand-delivered to the courts for processing. It was an era of “runners.”

Post date: Thursday, March 10, 2016
Photo of Salene Mazur Kraemer, MBA, CTA
Salene Mazur Kraemer, MBA, CTA

On Nov. 13, 2015, in the U.S. Bankruptcy Court for the Southern District of New York, Judge Glenn issued a memorandum opinion in In re Vivaro Corp., et al.[1] with the following rulings: (1) a claim objection against a foreign entity may be served by U.S.

Post date: Thursday, March 10, 2016

It is generally recognized that a sale of assets free and clear of successor liability claims (a “free-and-clear sale”) enhances the value of the bankruptcy estate because the purchaser will pay a higher premium for assets that do not carry liability.[1] There is often a tension between creditors — who seek to maximize their recovery —

Post date: Thursday, March 10, 2016

My Nebraska client has a problem, and he’s unhappy. He’s an $80,000 preference defendant in Delaware and must travel 1,200 miles (with his attorney) for a mandatory mediation of the disputed preference claim. Although he thinks that the claim is “bogus” (despite explanations to the contrary), he has a what-choice-do-I-have-but-to-capitulate perception of all this.

Post date: Thursday, March 10, 2016

The short answer is, “Maybe?”

Business and banking attorneys frequently represent businesses or lenders (or even bondholders and trustees) involved in joint ventures, partnerships, acquisitions, initiatives, participation loans, or other financial or joint business relationships/ventures.

Post date: Wednesday, December 16, 2015

2015 was a busy year for the Business Reorganization Committee. We have an active and involved membership base, and took part in multiple panels, newsletters, publications and networking. We have terrific plans for 2016 and beyond in support of you, our members, in the arena of business reorganizations.

Post date: Monday, November 23, 2015
Photo of Michael J. Roeschenthaler, Esq.
Michael J. Roeschenthaler, Esq.

It is no secret that the coal industry is struggling. As coal producers face mounting challenges attributable to restrictive environmental regulations, reduced demand for coal, lower spot prices and significant legacy costs, they are compelled to explore cost-cutting measures and restructuring options.


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

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

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

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

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

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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