Young And New Members Committee

Committees

Post date: Tuesday, June 01, 2010

Subsequent to the Bankruptcy Abuse Prevention and Consumer Protection Act Of 2005 (BAPCPA), the “ordinary-course” defense to preferences has become significantly more prevalent for creditors seeking to defend against preference actions.[1] This act modified the requirements for the “ordinary course” defense, making it necessary only to

Post date: Tuesday, June 01, 2010

The claims process is a fundamental part of every bankruptcy case, in that it establishes the overall amount owed to a debtor’s creditors as of the filing date of the debtor’s case.

Post date: Tuesday, June 01, 2010
Photo of Lawrence P. Vonckx
Lawrence P. Vonckx

It has been a basic principle of U.S. commercial law that secured creditors have the right to credit-bid up to the full face amount of their debt at an auction of their collateral. However, the U.S. Court of Appeals for the Third Circuit recently created a bankruptcy plan exception to this well-established rule.

Post date: Tuesday, June 01, 2010

The first year of practice after law school is an exciting, yet humbling, experience for brand new associates, especially if starting in a field that is new and unfamiliar.

Post date: Tuesday, June 01, 2010

Certainty in business translates into increased expenses for both buyers and sellers, or in the chapter 11 context, debtors and creditors. The Eleventh Circuit Court of Appeals has increased debtors’ and creditors’ costs of doing business by issuance of its opinion in Marathon Petroleum Co. v. Cohen (In re Delco Oil Inc.), 599 F.3d 1255 (11th Cir.

Post date: Thursday, March 04, 2010

This article addresses potential preference exposure for workout payments made pursuant to restructuring agreements between a creditor and debtor. Specifically, this article will address whether these payments are free from avoidance under the “ordinary course of business” defense.

The Ordinary Course of Business Defense in General

Post date: Monday, March 01, 2010

Commercial real estate projects are typically financed with non-recourse mortgage loans for tax reasons. If the borrower defaults, the lender’s sole recourse is to foreclose on the mortgaged property to recover on any balance owed under the loan; it may not recover against the other assets of the borrower or its principals.

Post date: Sunday, November 01, 2009
Photo of Richard J. Corbi
Richard J. Corbi

With the greatest financial crisis in a century roaring full steam ahead with no end in sight, bankruptcy filings are up as well as §363 sales. Sales pursuant to §363 of the Bankruptcy Code have become more common than traditional plans of reorganization in bankruptcy cases. As a consequence, senior secured lenders have enforced their right to credit bid in such §363 sales.

Post date: Sunday, November 01, 2009

In ASM Capital LP v. Ames Dept. Stores Inc. (In re Ames Dept. Stores Inc.), No. 07-1362, 2009 WL 2972510 (2d Cir. Sept.

Post date: Tuesday, September 01, 2009

“Who doesn’t love a good sale” are the introductory words used in A Comparison Shopping Guide for 363 Sales, written by Kelly K. Frazier and published this summer by ABI. But, how does a lawyer conduct a business asset sale pursuant to 11 U.S.C. §363? Or better yet, how does a lawyer advise the debtor-in-possession, potential purchaser or secured lender?

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

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

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

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

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

Ms. Gabrielle G. Palmer
Membership Relations Director
Siri & Glimstad LLP
Littleton, CO
(720) 419-0263

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

Mr. Joseph M. Esmont
Newsletter Editor
BakerHostetler
Cleveland, OH
(216) 861-7835

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

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

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