Young And New Members Committee

Committees

Post date: Wednesday, November 16, 2016

It has now been almost two years since Bankruptcy Judge Steven W. Rhodes (ret.) confirmed an adjustment plan for the city of Detroit, the largest chapter 9 case ever filed. According to ABI’s statistics, 11 “municipalities” have filed for chapter 9 protection since Jan.

Post date: Wednesday, November 16, 2016

While the Federal Rules of Bankruptcy Procedure (FRBP) mirror the Federal Rules of Civil Procedure, the two rule sets contain enough significant differences to require a lawyer appearing in bankruptcy court to do a little homework beforehand.

Post date: Thursday, July 07, 2016

Fraudulent-transfer law is a crucial component of debtor/creditor relationships. In the bankruptcy context, fraudulent intent is an essential element for both a trustee’s clawback power through § 548‌(a)‌(1)‌(A) of the Bankruptcy Code[1] and for denial of a discharge through § 727‌(a)‌(2).

Post date: Thursday, July 07, 2016

The Bankruptcy Code revisions in the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 included a requirement that a court appoint a consumer privacy ombudsman (CPO) in some cases involving the sale of personally identifiable information. This requirement has now been in effect for over 10 years, and the time is ripe to assess the CPO’s role in bankruptcy cases.

Post date: Thursday, July 07, 2016
Photo of Michael J. Hanlon
Michael J. Hanlon

This article outlines the legislative framework behind and briefly describes the process of a bankruptcy proceeding,[1] the Canadian equivalent of a chapter 7 filing in the U.S.

Post date: Thursday, July 07, 2016

Justice Antonin Scalia's death this past February left a vacancy on the Supreme Court and set off a partisan battle over the confirmation of his successor.

Post date: Thursday, July 07, 2016

If a debtor has received a fraudulent transfer, he or she may also have incurred a nondischargeable debt. According to a recent ruling by the Supreme Court, the discharge exception for “actual fraud” is now broad enough to include the liability imposed, if any, on the recipient of fraudulent transfer. The Court resolved a circuit split in Husky International Electronics Inc. v.

Post date: Thursday, June 16, 2016

[1]Chapter 11 has largely become the sale chapter of the Bankruptcy Code. If the case is not a quick sale case, then it probably is a debt-for-equity swap. A traditional chapter 11 reorganization is expensive and, because of its relatively low success rate, is viewed by many lenders as not worth it.

Post date: Friday, April 01, 2016

One element of the bankruptcy process that is frequently confusing to new bankruptcy practitioners and nonbankruptcy lawyers is the U.S. Trustee Program. Although it is not infrequently assumed that the U.S. Trustee Program is part of the judicial branch, the U.S. Trustee is a component of the Department of Justice.

Post date: Friday, April 01, 2016
Photo of Megan W. Murray
Megan W. Murray

Once a debtor files a chapter 11 bankruptcy proceeding, it must confirm a plan of reorganization or liquidate its assets under a liquidating chapter 11 or chapter 7 case. Confirmation requires compliance with all the provisions of chapter 11, including the absolute priority rule. What happens when a chapter 11 debtor is unable to effectuate the substantial consummation of a plan?

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Ms. Bodie B. Colwell
Co-Chair
Preti Flaherty, LLP
Portland, ME
(207) 791-3000

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

Mr. Jon Schlotterback
Communications Manager
Mayer Brown LLP
Charlotte, NC
(319) 202-8180

Mr. John T. Baxter
Education Director
Shackelford Bowen McKinley & Norton LLP
Nashville, TN
(615) 329-4440

Ms. Amber M. Carson
Education Director
Gray Reed
Dallas, TX
(469) 320-6199

Mrs. Letson Douglass Boots
Membership Relations Director
Bernstein Shur
Portland, ME
(207) 774-1200

Mrs. Christian A. Conway
Membership Relations Director
Neal and Leroy, LLC
Chicago, IL
(708) 250-8120

Ms. Joy D. Kleisinger
Newsletter Editor
Frost Brown Todd, LLC
Cincinnati, OH
(513) 651-6800

Mr. John Richard O'Connor
Newsletter Editor
Levenfeld Pearlstein LLC
Chicago, IL
(630) 308-2487

Ms. Gabrielle G. Palmer
Special Projects Leader
Onsager | Fletcher | Johnson | Palmer LLC
Denver, CO
(720) 457-7059

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