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.
Young And New Members Committee
Committees
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.
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.
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.
Corporate governance battles spill into bankruptcy courts and at times serve as the genesis for bankruptcy petition filings.
Throughout 2017 and continuing into 2018, the Young and New Members Committee (the “Y&NM Committee”) leadership produced a variety of helpful materials and programs, and continued to encourage new and young ABI members to become more active in the organization. Just some of those highlights are discussed below.
Conference Programs
Like their for-profit counterparts, nonprofit corporations face a variety of challenges throughout their corporate life cycles, some of which may lead an organization to pursue reorganization under chapter 11 of the Bankruptcy Code.[1] One of the issues that arises during a nonprofit’s reorganization is whether its board of directors m
The Bernie Madoff investment scandal unleashed a slew of lawsuits, and at first glance, SPV OSUS Ltd. v. UBS AG[1] may seem like just another drop in the bucket. However, this case is notable for its expression of the Second Circuit’s rather extraordinary view of “related to” bankruptcy jurisdiction.
[1]Fee applications are an inescapable aspect of bankruptcy practice.
The Seventh Circuit’s recent decision in Secure Leverage put to bed nearly five years of litigation on the question of what contracts are sufficiently “similar to” futures contracts under § 761(4) of the Bankruptcy Code to receive the highest priority of repayment in a commodity broker liquidation.[1] The court held that in or
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. Evan T. Miller
Co-Chair
Bayard, P.A.
Wilmington, DE
(302) 429-4227
Co-Chair
Bayard, P.A.
Wilmington, DE
(302) 429-4227
Mr. Daniel A. White, Esq.
Co-Chair
Askew & Mazel, LLC
Albuquerque, NM
(505) 433-3097
Co-Chair
Askew & Mazel, LLC
Albuquerque, NM
(505) 433-3097
Mr. David R. Doyle
Education Director
Fox Rothschild LLP
Chicago, IL
(312) 541-0151
Education Director
Fox Rothschild LLP
Chicago, IL
(312) 541-0151
Mr. Brendan Gage
Education Director
Paul Hastings LLP
Chicago, IL
(312) 499-6091
Education Director
Paul Hastings LLP
Chicago, IL
(312) 499-6091
Ms. Tara J. Schellhorn
Newsletter Editor
Riker, Danzig, Scherer, Hyland & Perretti LLP
Morristown, NJ
(973) 538-0800
Newsletter Editor
Riker, Danzig, Scherer, Hyland & Perretti LLP
Morristown, NJ
(973) 538-0800
Mrs. Laura Napoli Coordes
Special Projects Leader
Sandra Day O'Connor College of Law Arizona State University
Phoenix, AZ
(480) 965-8976
Special Projects Leader
Sandra Day O'Connor College of Law Arizona State University
Phoenix, AZ
(480) 965-8976
Ms. Christina Sanfelippo
Communications Manager
Fox Rothschild LLP
Chicago, IL
(312) 980-3849
Communications Manager
Fox Rothschild LLP
Chicago, IL
(312) 980-3849
Mr. Matthew Bouslog
Membership Relations Director
Gibson, Dunn & Crutcher LLP
Irvine, CA
Membership Relations Director
Gibson, Dunn & Crutcher LLP
Irvine, CA