A plan sponsor’s financial advisor sues the plan sponsor and reorganized debtor for payment of a success fee arising from a purported financing transaction that allegedly closed post-effective date. In what forum should the suit be resolved?
As subchapter V matters continue to become a meaningful part of an insolvency practice, lawyers and financial advisors should be aware of the nuances that can arise in such matters when they intersect with the more complicated areas of bankruptcy law.
The onset of the COVID-19 pandemic has disrupted every level of the supply chain for suppliers and manufacturers. However, despite the added stress of a strained supply chain, labor shortages and the rising costs of raw materials, suppliers have largely avoided the chapter 11 process.
Hello! I was recently appointed co-chair of ABI’s Financial Advisors and Investment Banking (FAIB) Committee, and I could not be more excited. I’m a restructuring/bankruptcy partner at Young Conaway Stargatt & Taylor, LLP, and have been in the business for more than 27 years.
Senator Elizabeth Warren (among others) recently re-introduced a bill to “fundamentally reform” the private-equity system “by closing the legal, tax, and regulatory loopholes that allow private equity firms to capture all the rewards of their investments while insulating themselves from risk.”  If enacted, the legislation will great
Businesses continue to face a myriad of challenges in today’s economy. Initially, the COVID-19 pandemic resulted in the widespread closure of multiple businesses. Now, U.S. consumer demand for goods is strong, but supply chain woes persist. Compensation costs have increased, while inflation hinders the benefit to workers from that higher pay.
Weeeee’re back! After a four-year hiatus, ABI’s FAIB Committee was revitalized in 2021! We are very excited to see the large numbers joining our committee — we are currently up to 152 members — and Membership Relations Director Howard Cohen is ready to welcome even more.
There are many reasons why companies falter and create opportunities for financial advisors and investment bankers: incompetent or inefficient management; rapid expansion (and often loss of quality control); overleveraging of assets (often to support the lifestyle of the principals); failure to shed unprofitable locations, divisions or products; and more.
The Treasury Department’s computer-generated tax notices have increased over the last several years. At the same time, finding knowledgeable personnel at the IRS to discuss bankruptcy tax issues has become increasingly difficult. Knowing the source of potential issues goes a long way toward avoiding the pain they may cause.
Approval of bid protections in connection with the sale of significant assets pursuant to § 363 of the Bankruptcy Code has become an established practice in chapter 11 cases. In nonbankruptcy transactions, bidding incentives like break-up fees and expense reimbursements are measured against a business judgment standard.
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.
The Financial Advisor and Investment Banking Committee of the ABI presented its "Hot Topics and Prognostications for 2023" on February 25, 2023. From busted SPACs to heathcare to retail and real estate, the FAIB previewed issues that the restructuring community will necessarily address in the coming year. The FAIB also previewed its programming for 2023, which will cover such topics as cross-border disputes and litigation, tax issues for the non-tax professional, and myriad governance issues and considerations in the context of distress or conflict.
These overviews from ABI committee experts will arm you with vital information you can use in your practice well into the new year.
Three cryptocurrency industry experts — a lawyer, a technical consultant and an investment banker — will cover the complexity of valuing cryptocurrency and provide their expert views on the cryptomarket’s volatility, both currently and going forward. The presenters will also offer their insights into the adoption of cryptocurrency in the U.S. and globally, and will address regulatory changes in banking as they relate to cryptocurrencies.
Hosted by the Asset Sales and Financial Advisors and Investment Banking Committees. FAs, IBs, RE advisors, attorneys: too many cooks in the kitchen? This panel will discuss the anatomy of the bankruptcy sales process and focus on optimizing value by drawing on the resource skills of attorneys, investment banks, financial advisors and real estate advisors.
Legal and Practical Issues Involving Secured Creditors and the Retention of Financial Advisors.
Structuring Cross-Border Deals to Protect Creditor Interests
Young Conaway Stargatt & Taylor
CR3 Partners LLC
Pack Law, P.A.
Fort Lauderdale, FL
O'Melveny & Myers LLP
San Francisco, CA
Special Projects Leader
Fox Rothschild LLP