The Third Circuit Court of Appeals’ recent ruling in the FTX bankruptcy case severely limits a bankruptcy court’s discretion to deny the appointment of an examiner in a bankruptcy case.[1] In FTX, the U.S. Trustee filed a motion to appoint an examiner. The bankruptcy court denied the motion.
Committees
Our committee’s leadership has been hard at work, organizing educational programming and social events to keep our members engaged. Here are some highlights of recent events.
The Commercial and Regulatory Committee produced a variety of programs, articles and materials throughout 2023.
A Periodic Discussion of Tax Topics for Bankruptcy Attorneys
A financially troubled corporation confronts many issues, including those raised by federal income tax law. While relevant income tax law is based on a few policies that are relatively simple to summarize, implementation of these policies drives significant complexity.
“It’s like déjà vu all over again.”
— Yogi Berra
Everyone is feeling the impacts of the highest rate of inflation in decades, with the Consumer Price Index (CPI) still reporting a 8.3% year-over-year rate of inflation. Many pundits are blaming the impact of the Russian sanctions as a primary driver. This month, U.S. companies reporting earnings are repeating the same mantra.
“Digital assets, including cryptocurrencies, have seen explosive growth in recent years, surpassing a $3 trillion market cap last November and up from $14 billion just five years prior. Surveys suggest that around 16 percent of adult Americans — approximately 40 million people — have invested in, traded, or used cryptocurrencies.” — White House Fact Sheet.
Nonconsensual third-party releases in bankruptcy are the hot topic of debate recently. Even though there is no provision of the Bankruptcy Code that expressly authorizes these releases, no Code provision prohibits them, either.
Sat, 2023-04-22
This panel focuses on material tax issues that every bankruptcy attorney should know that can impact both estate administration and bankruptcy plans. The panelists highlight issues that should be considered when a company is considering filing for bankruptcy or is in bankruptcy, such as tax attribute planning and preservation, management of COD income in connection with liability management transactions, “significant modification” of debt and how to minimize consequences, the considerations if the debtor is a partnership or a corporation, associated state tax issues, and key tax return compliance implications.
Fri, 2022-12-09
This panel of experts will discuss the latest trends in the wind, coal, and oil and gas industries that have dominated the headlines, with special emphasis on new regulatory issues and changes in the energy market.
Sat, 2022-04-30
In today’s bankruptcy world, most major cases involve at least one pre-petition class action. This panel will focus on the distinction between mass tort claims and other types of class actions, recent case law addressing the proper procedures for asserting class claims, the allowance of class claims and compensation of class counsel, and the final resolutions of class claims, either by way of settlement or pursuant to plans. Other cutting-edge issues surrounding class claims also will be discussed.
Fri, 2017-12-01
Hosted by the Ethics and Professional Compensation and Commercial and Regulatory Law Committees Social media and privacy are areas of opportunity — and concern. Today’s law practice requires that care be taken in both areas. This panel will explore the impact of privacy and social media issues on security, ethics and compensation.
Fri, 2016-04-15
Labor Issues in 363 Sales: Things You Need to Know
Fri, 2016-04-15
Hospitality and the Tax Man: Historical Hospitality Tax Issues in Distress
Sat, 2015-04-18
Tax-Sharing Agreements in Bankruptcy that Have Been the Subject of Recent Appeals Courts Decisions
Sat, 2015-04-18
Hemorrhaging Hospitals: Labor Issues in the Healthcare Insolvency E.R.
Thu, 2014-05-29
The purpose of this call was to seek thoughts, suggestions, and assistance in setting and achieving new goals and objectives for the Committee. For example, they discussed ideas and topics for future newsletters, webinars, and educational sessions at ABI’s Winter Leadership Conference and Annual Spring Meeting. Additionally, the Committee discussed ideas for networking events and special projects for the Committee. Participating in future calls is a great way to get more involved!
Mr. Alan R. Rosenberg
Co-Chair
Markowitz, Ringel, Trusty & Hartog, PA
Ft. Lauderdale, FL
(954) 767-0030
Co-Chair
Markowitz, Ringel, Trusty & Hartog, PA
Ft. Lauderdale, FL
(954) 767-0030
Mrs. April A. Wimberg
Co-Chair
Dentons
Louisville, KY
(502) 587-3719
Co-Chair
Dentons
Louisville, KY
(502) 587-3719
Ms. Leslie R. Hendrix
Communications Manager
U.S. Bankruptcy Court for the District of Arizona, Phoenix Division
Phoenix, AZ
(602) 682-4144
Communications Manager
U.S. Bankruptcy Court for the District of Arizona, Phoenix Division
Phoenix, AZ
(602) 682-4144
Mr. Travis Powers
Education Director
White and Williams LLP
Cranford, NJ
(212) 868-4837
Education Director
White and Williams LLP
Cranford, NJ
(212) 868-4837
Ms. Camisha L. Simmons
Education Director
Simmons Legal PLLC
Dallas, TX
(214) 643-6192
Education Director
Simmons Legal PLLC
Dallas, TX
(214) 643-6192
Mrs. Morgan L. Patterson
Membership Relations Director
Womble Bond Dickinson (US) LLP
Wilmington, DE
(302) 252-4326
Membership Relations Director
Womble Bond Dickinson (US) LLP
Wilmington, DE
(302) 252-4326
Ms. Joanna Diane Caytas
Newsletter Editor
Quinn Emanuel Urquhart & Sullivan, LLP
Houston, TX
(713) 221-7000
Newsletter Editor
Quinn Emanuel Urquhart & Sullivan, LLP
Houston, TX
(713) 221-7000
Mr. Michael D. Lessne, CPA
Special Projects Leader
Lessne Law
Fort Lauderdale, FL
(954) 372-5759
Special Projects Leader
Lessne Law
Fort Lauderdale, FL
(954) 372-5759