“It’s like déjà vu all over again.”
— Yogi Berra
Committees
Part One of this two-part article reviewed custodially held crypto assets as part of the bankruptcy estate. This installment discusses intrinsic value as a proper valuation method for crypto assets held in exchange custody, factors to consider when calculating the intrinsic value of custodially held crypto assets, and risk-mitigation approaches to preserve asset value.
As we enter the final days of 2022, 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.
Chapter 7 panel trustees play an integral role in the bankruptcy system and perform a number of duties to effectively liquidate an estate for a debtor’s discharge. One of the trustee’s most important duties is to “collect and reduce to money the property of the estate ...
The Small Business Reorganization Act of 2019 (SBRA), Pub. L. No. 116-54 § 3(a), is probably the largest wholesale change to the Bankruptcy Code since BAPCA in 2005. Enacted in February 2020, the SBRA essentially created subchapter V of chapter 11 and made it easier for small business owners to keep their equity without having to liquidate and sell the remainder of their assets.
In August 2001, after two state trial court clerkships, a short stay at a small, matrimonial law firm, and then a position as a staff attorney with a committee of our state supreme court, I declined an offer to work for Legal Services (the goal that had been the sole purpose of my entering law school in 1989) and accepted a one-year position as a shared (“swing) law clerk with the U.S.
Popular cryptocurrency exchange Coinbase surprised many in its first 2022 quarterly report when it informed customers that “custodially held crypto assets may be considered to be the property of a bankruptcy estate, in the event of a bankruptcy,...
The Hawaii Bankruptcy Court’s ruling in In re Minesen Co. [1] is a cautionary tale of how seemingly innocuous contract language can have unintended consequences — effectively waiving applicable nonbankruptcy law and overriding contract language to allow assignment without counterparty consent.
Now more than ever, companies have been in distress and facing financial troubles since the COVID-19 pandemic struck the globe.
Wed, 2023-01-11
These overviews from ABI committee experts will arm you with vital information you can use in your practice well into the new year.
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.
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Ms. Bodie B. Colwell
Co-Chair
Preti Flaherty, LLP
Portland, ME
(207) 791-3000
Co-Chair
Preti Flaherty, LLP
Portland, ME
(207) 791-3000
Ms. Christina M. Sanfelippo
Co-Chair
Cozen O'Connor
Chicago, IL
(312) 474-4455
Co-Chair
Cozen O'Connor
Chicago, IL
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Mr. Jon Schlotterback
Communications Manager
Mayer Brown LLP
Charlotte, NC
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Communications Manager
Mayer Brown LLP
Charlotte, NC
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Mr. John T. Baxter
Education Director
Nelson Mullins Riley & Scarborough, LLP
Nashville, TN
(615) 664-5323
Education Director
Nelson Mullins Riley & Scarborough, LLP
Nashville, TN
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Ms. Amber M. Carson
Education Director
Gray Reed
Dallas, TX
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Education Director
Gray Reed
Dallas, TX
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Membership Relations Director
Bernstein Shur
Portland, ME
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Membership Relations Director
Bernstein Shur
Portland, ME
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Ms. Amber M. Carson
Membership Relations Director
Gray Reed
Dallas, TX
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Membership Relations Director
Gray Reed
Dallas, TX
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Mrs. Christian A. Conway
Membership Relations Director
Neal and Leroy, LLC
Chicago, IL
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Neal and Leroy, LLC
Chicago, IL
(708) 250-8120
Ms. Joy D. Kleisinger
Newsletter Editor
Frost Brown Todd, LLC
Cincinnati, OH
(859) 391-6056
Newsletter Editor
Frost Brown Todd, LLC
Cincinnati, OH
(859) 391-6056
Mr. John Richard O'Connor
Newsletter Editor
Levenfeld Pearlstein LLC
Chicago, IL
(630) 308-2487
Newsletter Editor
Levenfeld Pearlstein LLC
Chicago, IL
(630) 308-2487
Ms. Gabrielle G. Palmer
Special Projects Leader
Onsager | Fletcher | Johnson | Palmer LLC
Denver, CO
(720) 457-7059
Special Projects Leader
Onsager | Fletcher | Johnson | Palmer LLC
Denver, CO
(720) 457-7059