How do you show that a legal entity acted with intent to defraud its creditors for purposes of an avoidance action asserted under Bankruptcy Code § 548(a)(1)(A)? After all, legal entities themselves cannot form an intent; they can only act through their officers, directors or agents.
Since its inception, subchapter V of chapter 11 has been lauded for providing a streamlined path through chapter 11 for smaller chapter 11 debtors without many of the costs associated with “traditional” chapter 11 cases.
As we near the end of 2023, we are pleased to step back and highlight the work performed by the Young and New Members Committee over the past year. We have loved working with our committee leaders and are truly grateful for their time and commitment to ABI.
What’s been going on in the bankruptcy claims marketplace over the past year? Crypto, crypto, crypto, sprinkled in with a little bit of trucking, courtesy of the Yellow Corp. case. [1]
The Third Circuit has a reputation as being a “plain meaning” court — meaning that it strictly construes and applies the words of a statute. Its Jan. 19, 2024, opinion in In re FTX Trading Ltd. [1] is an example.
Two provisions of the Bankruptcy Code turn on the existence of a “bona fide dispute.” An involuntary petition may not be filed by an alleged creditor against the alleged debtor if the creditor’s claim is “the subject of a bona fide dispute as to liability or amount.”[1] A trustee may sell property free and clear of an interest that is
In Ritzen Grp. Inc. v. Jackson Masonry LLC,[1] the U.S. Supreme Court definitively established that an order denying a motion for relief from the automatic stay under Bankruptcy Code § 362(d) is a final order that may be — and must be — immediately appealed.
We are excited to report that the Bankruptcy Litigation Committee was very active in 2023, with 2024 looking just as good, if not better. The committee now has more than 1,100 members — over 200 more than we had just three years ago. It is its members that make this committee so vibrant, and we just wanted to say thank you to everyone who helped make 2023 great.
Heather Giannino and Hannah Hutman, co-chairs of ABI’s Consumer Bankruptcy Committee, thank all committee members for their participation this year.
The Ethics and Professional Compensation Committee had a tremendous 2023! We strived to continue to provide our members with enlightening and useful substantive information, while also offering enjoyable and valuable social and networking opportunities.
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.
This panel will compare and contrast the roles of chapter 11 trustees, chapter 7 trustees, CROs and independent directors when a case is fraudulent.
Conducted in a Q&A format, this webinar will feature a series of mediation hypotheticals/questions presented to Mediation Committee Co-Chair Connor Bifferato and Education Director Edward Schnitzer for discussion and/or debate.
Join our panelists as they discuss the DOJ’s new student loan guidelines and provide context on how the guidelines will impact debtor attorneys, trustees and other entities in the bankruptcy process.
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.
The ABI Mediation Committee’s “Look Ahead to 2023” presentation began with a summary of the Committee focus areas, an introduction to Committee leadership and highlights of the benefits of committee membership, such as our active listserv discussions, opportunities to write for our newsletter, and networking events at ABI conferences throughout the country.
On February 15, 2023 the Emerging Industries and Technology Committee co-hosted its Look Ahead to 2023 with the Mediation Committee. The Emerging Industries and Technology Committee focused its presentation on its release of ABI Tech Bytes, an ongoing series of podcasts for ABI membership. Multiple podcasts are in production for release by the Annual Spring Meeting and this Committee is soliciting ideas from ABI membership for issues and content they would like to learn more about.
On February 8, 2023, Evelyn Meltzer and Kyle Ortiz, co-chairs for the International Committee, co-hosted the 2023 Look Ahead with members of the Asset Sales Committee. Evelyn and Kyle discussed what the committee has been up to as well as future events and speaking and writing opportunities for committee members. Additionally, Evelyn and Kyle discussed hot topics in international insolvencies for 2023.
On February 8, 2023, Evelyn Meltzer and Kyle Ortiz, co-chairs for the International Committee, co-hosted the 2023 Look Ahead with members of the Asset Sales Committee. Evelyn and Kyle discussed what the committee has been up to as well as future events and speaking and writing opportunities for committee members. Click here to watch the video of this event.
