As more of us are using video conferencing platforms to conduct depositions, webinars, hearings, client meetings, and mediations, we are learning how to use these tools and how to avoid the pitfalls. Below are some general tips to make you look and sound your best:
Young And New Members Committee
Committees
Rough seas lie ahead for commercial tenants and landlords. With no end in sight to the COVID-19 pandemic, litigation over commercial real property leases is ramping up — especially in the restaurant and retail spaces. While the Payroll Protection Program stemmed the tide briefly, government aid is ending while lease obligations remain.
Since its decision in Marathon Pipeline, the Supreme Court expressed a continued fear of judicial overreach by the legislative branch through the bankruptcy courts. In the years following that decision, the specter of overreach influenced the Court’s decisions regarding the adjudicatory authority of bankruptcy courts.
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.
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.
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.
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
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.
The Bankruptcy Code addresses competing claims of creditors against the assets of a debtor.
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
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
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
Communications Manager
BakerHostetler
Cleveland, OH
(216) 861-7835
Mr. David R. Doyle
Education Director
Cozen O'Connor
Lombard, IL
Education Director
Cozen O'Connor
Lombard, IL
Ms. Christina Sanfelippo
Education Director
Fox Rothschild LLP
Chicago, IL
(312) 980-3849
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
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
Membership Relations Director
Maynard, Cooper & Gale, P.C.
Birmingham, AL
(205) 328-9400 ext. 329
Mr. John T. Baxter
Newsletter Editor
Nelson Mullins Riley & Scarborough, LLP
Nashville, TN
(615) 664-5323
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
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
Special Projects Leader
Sugar Felsenthal Grais & Helsinger LLP
Chicago, IL
(630) 308-2487