Young And New Members Committee

Committees

Post date: Thursday, March 24, 2022

Now more than ever, companies have been in distress and facing financial troubles since the COVID-19 pandemic struck the globe.

Post date: Thursday, March 24, 2022

In the much-discussed decision of City of Chicago v. Fulton [1], the Supreme Court ruled that a creditor’s continued retention of estate property that was seized pre-petition does not violate the automatic stay under § 362(a)(3) [2] of the Bankruptcy Code.

Post date: Monday, November 08, 2021
Photo of David R. Doyle
David R. Doyle

2021 has been an incredibly productive year for the Young and New Members Committee. The committee continued to produce high-quality newsletters and educational programs, while branching out and trying some new things, too. Below are some highlights.

Quarterly Newsletters

Post date: Monday, November 08, 2021

Can chapter 13 debtors deduct voluntary 401(k) contributions under § 541(b)(7)(A) when calculating disposable income? If so, can they plan for bankruptcy in good faith by making pre-petition 401(k) plan contributions to their 401(k) plans prior to filing to decrease their disposable income? The Sixth Circuit recently broke with dicta from Seafort v.

Post date: Monday, November 08, 2021

As the Young and New Members Committee, we (unsurprisingly) count many young and new members among our ranks. Many of our members may be new to practice or to the insolvency field, and/or new to ABI. It can be daunting to navigate a new role, new industry and new organization.

Post date: Friday, August 13, 2021

The Small Business Reorganization Act (SBRA) became effective in February 2020.[1] The SBRA, or subchapter V, is intended to encourage small businesses to use the Bankruptcy Code to reorganize by reducing the costs and administrative burdens associated with a typical chapter 11 case.

Post date: Friday, August 13, 2021

The U.S. Trustee Program (USTP), an arm of the Department of Justice that provides oversight for bankruptcies in all but two states, is funded by fees charged to debtors (U.S. Trustee fees). In Alabama and North Carolina, a Bankruptcy Administrator program, run by the Judicial Conference of the United States, provides a similar function and charges its own fees (Bankruptcy Administrator fees).

Post date: Monday, May 24, 2021

In a recent decision in “a matter of first impression,” the U.S. Court of Appeals for the Third Circuit squarely rejected the view that “triangular setoffs” fall within the protective circle of § 553 of the Bankruptcy Code.

Post date: Monday, May 24, 2021

On March 27, President Joseph Biden signed the COVID-19 Relief Extension Act into law. The Act extends for another full year the provisions of the Coronavirus Aid, Relief and Economic Security Act (CARES Act) that temporarily modified the Bankruptcy Code and the Small Business Reorganization Act of 2019 (SBRA), or subchapter V of chapter 11.

Post date: Monday, May 24, 2021

In 2020, New York State passed the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020[1] (“moratorium”).

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. David R. Doyle
Co-Chair
Cozen O'Connor
Chicago, IL
(312) 474-1648

Ms. Christina Sanfelippo
Co-Chair
Cozen O'Connor
Chicago, IL
(312) 474-4455

Ms. Gabrielle G. Palmer
Communications Manager
Onsager | Fletcher | Johnson LLC
Denver, CO
(720) 457-7059

Mr. John T. Baxter
Education Director
Nelson Mullins Riley & Scarborough, LLP
Nashville, TN
(615) 664-5323

Ms. Bodie B. Colwell
Education Director
Preti Flaherty
Portland, ME
(207) 791-3000

Ms. Amber M. Carson
Membership Relations Director
Gray Reed & McGraw LLP
Dallas, TX
(214) 629-4025

Mr. Christian A. Pereyda
Membership Relations Director
Maynard, Cooper & Gale, P.C.
Birmingham, AL
(205) 254-1854

Mr. John Richard O'Connor
Newsletter Editor
Sugar Felsenthal Grais & Helsinger LLP
Chicago, IL
(630) 308-2487

Ms. Alexandra CC Schnapp
Newsletter Editor
U.S. Bankruptcy Court, Northern District of Georgia
Atlanta, GA
(404) 215-1005

Mr. Joseph M. Esmont
Special Projects Leader
BakerHostetler
Cleveland, OH
(216) 861-7835

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