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Young And New Members Committee

Committees


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.

Post date: Tuesday, September 10, 2019

If you are a young or new attorney, there is a good chance that you have at least some (and perhaps significant) student loan debt. You may also be aware that discharging student loan debt in bankruptcy, unlike most other unsecured debt, is extremely difficult.


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.

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. 

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

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
Lombard, 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

Please note that in order to view the content for the Committee Newsletters you must either sign in if you are already an ABI member, or otherwise you may Become an ABI Member