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Melissa Dardani, CPA
Post date: Friday, April 26, 2019

The current landscape for cannabis companies is confusing due to the divergence between federal and state law. Under federal law, particularly under the Controlled Substances Act (CSA),[1] cannabis is a Schedule 1 controlled substance, and cannabis activities from cultivation to sale are illegal.

Post date: Friday, April 26, 2019

A vehicle can be a debtor’s most important asset.

Post date: Friday, April 26, 2019

On Feb. 19, 2019, the Supreme Court considered a petition for a writ of certiorari in the case of Ritter v. Brady,[1] asking the high court to overrule its infamous decision in Dewsnup v. Timm.[2]

Post date: Thursday, March 14, 2019

A chapter 11 debtor’s executives might find little motivation to remain employed at a company as annual bonus plans become compromised and long-term incentive vehicles (e.g., stock options, restricted stock) become virtually worthless.

Post date: Thursday, March 14, 2019

On January 17, the Fifth Circuit released a highly anticipated decision, weighing in on the expanding circuit split concerning the enforceability of contractual make-whole provisions in loan indentures.

Post date: Thursday, March 14, 2019

Nonprofits and governments rely on each other to provide social services.[1] Governments rely on nonprofits to provide services that they cannot provide; nonprofits rely on governments to fund those services.[2] This relationship leads some to questio

Post date: Wednesday, October 31, 2018

There is a pending Ninth Circuit case to decide whether a wholly unsecured claim should count toward a debtor’s chapter 13 eligibility following a chapter 7. On April 26, 2010, Aleli A. Hernandez (the debtor) filed a chapter 7 bankruptcy case in the U.S.

Post date: Wednesday, October 31, 2018

When drafting a motion or a brief, how much weight should you give an opinion of a Bankruptcy Appellate Panel (BAP)? This article discusses the variation between circuits about the BAP and highlights a selection of cases that analyze the limits of the BAP’s authority.

Post date: Friday, September 07, 2018

Getting paid as a bankruptcy professional can often be a tightrope walk. Transparency is extremely important when you receive payment from the estate, especially because you need to submit your application for payment to the court. In most cases, it becomes public record for everyone to review and scrutinize.

Post date: Friday, September 07, 2018

What is an interested party? Consider these everyday scenarios: An unsupervised child encounters a take-one-piece-only Halloween bucket; a teacher administers a your-bonus-rides-on-these-results test; or a football team pays a doctor to conduct in-game concussion evaluations. These conflicts raise concerns about the ability of the conflicted party to be fair and impartial.

Pages

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. 

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

Mr. Evan T. Miller
Co-Chair
Bayard, P.A.
Wilmington, DE
(302) 429-4227

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

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

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

Mr. Matthew Bouslog
Membership Relations Director
Gibson, Dunn & Crutcher LLP
Irvine, CA


Mrs. Laura Napoli Coordes
Newsletter Editor
Sandra Day O'Connor College of Law Arizona State University
Phoenix, AZ
(480) 965-8976

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

Ms. Bodie B. Colwell
Special Projects Leader
Preti Flaherty
Portland, ME
(207) 791-3000

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