Commercial And Regulatory Law Committee


Post date: Wednesday, June 17, 2015

An unsecured creditors’ committee is supposed to be representative of the interests of a diverse group of unsecured creditors with an interest in the outcome of a debtor’s reorganization or “fresh start.” Landlords with lease-rejection claims, parties to rejected equipment leases, trade creditors, unsecured bondholders and the Pension Benefit Guaranty Corporation are a few examples.

Post date: Wednesday, March 04, 2015
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Brandon J. Tittle

Add the Western District of New York to those courts holding that in rem tax foreclosures are not presumed to provide reasonably equivalent value to a debtor. In Canandaigua Land Development LLC v. County of Ontario (In re Canandaigua Land Dev. LLC), 521 B.R. 457 (Bankr. W.D.N.Y.

Post date: Friday, November 21, 2014

Section 365 of the Bankruptcy Code authorizes a debtor to assume or reject an executory contract.[1] An executory contract that has expired in accordance with its terms is generally not subject to assumption or rejection under the Code.

Post date: Tuesday, August 26, 2014

Recently, the U.S. Bankruptcy Court for the District of Delaware had the opportunity to further clarify the power of § 363 sale processes to cleanse assets and the fragile nature of pension claims in bankruptcy. The court considered and rejected an objection to a § 363 sale free and clear of any successor liability claim where the sale was supported by the debtors, the lenders and the unsecured creditors’ committee, but not the pension trust.

Post date: Friday, July 25, 2014

Once disfavored, non-compete agreements — contractual provisions prohibiting employees from competing with their former employers upon the relationship’s termination — have acquired new legitimacy in recent decades.

Post date: Thursday, June 19, 2014

Editor’s Note: This article is intended for educational purposes only. It is not intended to be legal, accounting or other professional advice. A party should consult with legal counsel when dealing with the issues addressed in this article. The views expressed in this article are solely those of the author and do not necessarily represent the views or opinions of Husch Blackwell LLP.



Post date: Thursday, June 19, 2014
Photo of George Klidonas
George Klidonas

[1]A trustee for a bankrupt entity or a debtor has the power to bring an action to avoid and recover constructive or actual fraudulent transfers. Section 544(b) of the Bankruptcy Code specifically allows a trustee or debtor to step into the shoes of an actual creditor of the debtor, who could have avoided the transfer outside of bankruptcy using state law. The U.S. Court of Appeals for the Seventh Circuit recently analyzed a debtor’s power to bring a state law fraudulent-transfer action..

Post date: Monday, June 09, 2014

A 30-year friendship and business association between Charles Pircher and Wren Alexander ultimately cost one of Alexander’s companies, Wren Alexander Investments, L.L.C. (Wren LLC), its interest in certain real property in Medina County, Texas (Medina Property).

Post date: Friday, May 23, 2014
Photo of Jeffrey D. Sternklar
Jeffrey D. Sternklar

When a bank fails and is liquidated by the Federal Deposit Insurance Corporation (FDIC), and then the bank’s holding company files for bankruptcy, a dispute frequently arises regarding ownership of tax refunds issued to a consolidated group (including the bank and the bank holding company) pursuant to consolidated tax returns.

Post date: Friday, May 23, 2014
Photo of Elan A. Gershoni
Elan A. Gershoni

In line with one of bankruptcy’s vaunted goals, providing debtors with a fresh start, the Bankruptcy Code specifically authorizes debtors to exempt retirement funds held in a compliant retirement account from property of the estate. When done properly, investing funds in a compliant profit-sharing plan can be a powerful financial-planning and asset-protection tool, putting almost unlimited funds out of creditors’ reach.


Mr. Jeffrey K. Garfinkle
Irvine, CA
(949) 760-1121

Mr. John G. Loughnane
Nutter McClennen & Fish, LLP
Boston, MA
(617) 439-2521

Mr. Jason B. Binford
Communications Manager
Texas Office of Attorney General
Austin, TX
(512) 475-4936

Ms. Caryn Wang
Education Director
Atlanta, GA

Mrs. April A. Wimberg
Education Director
Dentons Bingham Greenebaum
Louisville, KY
(502) 587-3719

Mr. Paul J. Hammer
Membership Relations Director
Barron & Newburger, P.C.
Bellaire, TX
(832) 271-4003

Mr. Alan R. Rosenberg
Newsletter Editor
Markowitz, Ringel, Trusty + Hartog, P.A.
Miami, FL
(305) 670-5000

Mr. Jon Jay Lieberman
Special Projects Leader
Sottile & Barile LLC
Loveland, OH
(859) 912-1659

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