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.
Financial Advisors And Investment Banking Committee
Committees
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.[1] In nonbankruptcy transactions, bidding incentives like break-up fees and expense reimbursements are measured against a business judgment standard.
Unsecured creditors are often out-of-the-money or positioned to receive a pittance of a distribution by the terms initially proposed by chapter 11 debtors and the secured lenders who consent to the proposal. This is particularly true if an unpaid portion of secured debt looms as a deficiency claim, threatening to further dilute general unsecured creditor (GUC) recoveries.
Given the broad and diverse impact that the COVID-19 pandemic has had on the economy since 2020, it’s become apparent that a comprehensive and maintained operating model can position lower-middle-market companies to successfully sustain operations — especially in unprecedented circumstances.
ABI’s committees focus on specific areas of insolvency and provide committee members with a platform to share knowledge and ideas. Each committee publishes quarterly newsletters with articles authored by committee members, and hosts periodic webinars that showcase committee members and their practices.
Risk-retention rules mandated under the Dodd-Frank Act have raised issues for managers seeking to raise collateralized loan obligation (CLO) funds. Credit risk-retention rules have been considered paramount to the Dodd-Frank Act and apply to sponsors of asset-backed securities requiring such sponsors to hold 5 percent of the value of the securities offered by the sponsor.
When ABI’s Commission to Study the Reform of Chapter 11 issued its Final Report in 2014, one creative approach it recommended is to authorize a new bankruptcy position: the "estate neutral."
When ABI’s Commission to Study the Reform of Chapter 11 issued its Final Report in 2014, one creative approach it recommended is to authorize a new bankruptcy position: the "estate neutral."
The U.S. higher education sector had been fueled by three decades of sustained enrollment growth that extended through 2010. Both public and private investment flowed to the sector, and credit remained readily accessible to roughly 4,000 U.S. institutions.
Dear Committee Members: The ABI Financial Advisors and Investment Banking (FA/IB) Committee had another active and successful year in 2015.
Co-Chair
Young Conaway Stargatt & Taylor, LLP
Wilmington, DE
(302) 571-6699
Co-Chair
CR3 Partners LLC
Richmond, VA
(804) 486-5404
Communications Manager
Pack Law, P.A.
Miami, FL
(305) 916-8700
Education Director
KapilaMukamal, LLP
Fort Lauderdale, FL
(954) 761-1011
Newsletter Editor
O'Melveny & Myers LLP
San Francisco, CA
(415) 984-8700
Special Projects Leader
Fox Rothschild LLP
Aston, PA
(302) 427-5507