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Young And New Members Committee

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Post date: Monday, June 08, 2020

Most bankruptcy professionals know that “retirement funds” are generally exempt assets under § 522(d)(12) or 522(b)(3)(C). However, those funds must meet very precise requirements to meet this qualification. Specifically, the funds must be “retirement funds,” and they must be held in an account that is exempt from taxation under certain sections of the Internal Revenue Code.


Alexander E. Porter
Post date: Tuesday, June 02, 2020

Dischargeability of student loans is a “hot button” issue in both the bankruptcy world and mainstream media. In fact, last September another colleague wrote about the history of student loan dischargeability, and the current obstacles borrowers face.[1] Since that article, the U.S.

Post date: Wednesday, May 13, 2020

Companies in crisis are facing major challenges. Not only do they have to negotiate with stakeholders about their restructuring contributions and restructuring loans, they also have to make what are often difficult decisions on a wide range of legal issues.

Post date: Wednesday, May 13, 2020

One thing that Toys “R” Us, Sears and Forever 21 have in common is that all three cases are administratively insolvent.[1] Vendors who extended credit to the debtor after the petition date, in reliance on the debtor’s assurances that it had adequate “DIP” financing to justify new credit terms, got stuck a second time when there were in

Post date: Monday, December 23, 2019

At the Annual Spring Meeting in April, the committee hosted a panel that discussed the ins and outs of choosing a venue in which to file, including circuit splits on pertinent areas of law, variations in local rules, and the amorphous “comfort” level that some practitioners have with some jurisdictions over others.

Post date: Monday, November 25, 2019

The Bankruptcy Code addresses competing claims of creditors against the assets of a debtor.

Post date: Monday, November 25, 2019

Imagine this scenario: A judgment is won, the defendant filed for bankruptcy, but the judgment creditor missed the deadline to file a complaint objecting to the discharge of the debt. Normally, this means that the judgment will be discharged unless the court is convinced to accept a late-filed complaint.


Michael D. Napoli
Post date: Tuesday, September 10, 2019

To nonbankruptcy lawyers, Rule 2004 seems too good to be true. It appears to allow virtually anyone to obtain documents or testimony from any other person on any subject tangentially related to a bankruptcy. Not surprisingly, then, clever lawyers will attempt to push its boundaries. A recent opinion in the Cambridge Analytica bankruptcy examines and quashes one such attempt.

Post date: Tuesday, September 10, 2019

 

As a receiver or counsel to a receiver, it is important to be aware of your potential courses of action should you be required to locate/secure assets or seek the disclosure of documentation from a party in a foreign jurisdiction such as the Cayman Islands.

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Tue, 2017-05-30

The Unsecured Trade Creditors Committee's May Tips of the Trade call featured Neil Steinkamp of Stout Risius Ross, LLC, who discussed the ordinary course of business defense in the context of preference analysis.

Tue, 2017-05-30

This May edition of the ABI Bankruptcy Litigation Committee Newsletter focused on bankruptcy litigation issues in energy sector restructurings.  The newsletter featured an article exploring assumption and rejection of oil and gas conveyances, and an article discussing CERCLA liabilities in energy-related cases. Following publication of this newsletter, both authors hosted a call to discuss the issues explored in their articles. Click here to review the articles. 

Sat, 2017-04-22

This session hosted by the Bankruptcy Litigation and Young and New Member Committees will focus on the limits of avoidance actions by bankruptcy trustees in Ponzi scheme cases, including arguments about the expansion of the look-back period to 10 years, trustee standing, clawbacks from noninvestor sources, in pari delicto and how trustees decide whom to sue.

Tue, 2016-11-29

The topic of the most recent Commercial Fraud Committee call, discussed the Uniform Voidable Transactions Act (UVTA), formerly named the Uniform Fraudulent Transfer Act (UFTA), which was amended (and retitled) in 2014 for the first time since its creation in 1984.  According to the Uniform Law Commission, the amended Act, which strengthens creditor protections by providing remedies for certain transactions by a debtor that are unfair to the debtor’s creditors, addresses a small number of narrowly-defined issues and is not a comprehensive revision of the Act.

Tue, 2016-05-03

Crossing the Digital Divide: How to Use Social Media to Augment Your Practice

Wed, 2016-03-30

The Unsecured Trade Creditors' Committee's call discussed  “gifting” and other recent developments regarding application of the absolute priority rule.

Wed, 2015-10-07

The ABI Bankruptcy Litigation Committee recently published a newsletter with articles focusing on IP matters in bankruptcy litigation. Following publication of the newsletter, authors invited members to dial in for further discussion of the topic and articles.

Tue, 2015-09-08

The Asset Sales Committee will host John Hutton and Henry Jaffe as they discuss the GM successor liability decision, now on appeal in the Second Circuit, describing the arguments and positions taken by different parties on key issues in the case and discussing the potential impact of the ruling on appeal.

Wed, 2015-07-01

The ABI Commission Report proposes some significant changes to the Bankruptcy Code, and the preferential transfer statute in Section 547 is no exception.This webinar explores the rationale behind the recommendations, such as the good faith belief for filing a demand letter or preference complaint, the increase in the statutory minimum to bring a preference action, and more.

Sat, 2015-04-18

Tax-Sharing Agreements in Bankruptcy that Have Been the Subject of Recent Appeals Courts Decisions

Mr. Brendan Gage
Co-Chair
Paul Hastings LLP
Chicago, IL
(312) 499-6091

Ms. Tara J. Schellhorn
Co-Chair
Riker, Danzig, Scherer, Hyland & Perretti LLP
Morristown, NJ
(973) 538-0800

Mr. Joseph M. Esmont
Communications Manager
BakerHostetler
Cleveland, OH
(216) 861-7835

Mr. David R. Doyle
Education Director
Fox Rothschild LLP
Lombard, IL
(312) 541-0151

Ms. Christina Sanfelippo
Education Director
Fox Rothschild LLP
Chicago, IL
(312) 980-3849

Ms. Gabrielle G. Palmer
Membership Relations Director
Onsager | Fletcher | Johnson
Denver, CO
(720) 469-4552

Mr. Christian A. Pereyda
Membership Relations Director
Maynard, Cooper & Gale, P.C.
Birmingham, AL
(205) 328-9400 ext. 329

Mr. John Thompson Baxter
Newsletter Editor
Nelson Mullins Riley & Scarborough, LLP
Nashville, TN
(615) 664-5323

Ms. Bodie B. Colwell
Newsletter Editor
Preti Flaherty
Portland, ME
(207) 791-3000

Mr. John Richard O'Connor
Special Projects Leader
Sugar Felsenthal Grais & Helsinger LLP
Chicago, IL
(630) 308-2487

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