Press Releases

ABIs Rock and Roll Band Qualifies for Regional Battle of the Corporate Bands Competition

Contact: John Hartgen
             (703) 739-0800
             
[email protected]

ABI’S ROCK AND ROLL BAND QUALIFIES FOR REGIONAL BATTLE OF THE CORPORATE BANDS COMPETITION

 

May 12, 2006, Alexandria, Va. — The Indubitable Equivalents, ABI’s official rock and roll band, was among 18 bands that qualified for the regional competition in the 6th Annual Fortune Battle of the Corporate Bands Competition. The Rock and Roll Hall of Fame informed the band that it had qualified for the regional competition based on its strong CD submission. Formed in 2004, the Indubitable Equivalents is the world's only all-ABI member rock-and-roll band. The band performs at ABI conferences and other events across the United States.

The Battle of the Corporate Bands regional event will be held at The Knitting Factory in New York City on Saturday, July 22, to benefit the Rock and Roll Hall of Fame’s educational programs. Winners of the regional competition move on to compete in the final round of the Battle of the Corporate Bands, to be held Oct. 6-7 at the Rock and Roll Hall of Fame in Cleveland.

For more information on the ABI’s Indubitable Equivalents, please visit www.abiband.com.

For more information on the 6th Annual Fortune Battle of the Corporate Bands Competition, please visit www.namm.com/fortunebandbattle.

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ABI is the largest multi-disciplinary, nonpartisan organization dedicated to research and education on matters related to insolvency. ABI was founded in 1982 to provide Congress and the public with unbiased analysis of bankruptcy issues. The ABI membership includes more than 11,500 attorneys, accountants, bankers, judges, professors, lenders, turnaround specialists and other bankruptcy professionals providing a forum for the exchange of ideas and information. For additional information on ABI, visit www.abiworld.org. For additional conference information, visit http://www.abiworld.org/conferences.html.

 

ABI Poll-Closely Divided Response on Whether Reorganizaiton Plan Proposals to Disallow Punitive Damages Violate Best-Interests Test

Contact: John Hartgen
             (703) 739-0800
             
[email protected]

 

ABI POLL: CLOSELY DIVIDED RESPONSE ON WHETHER REORGANIZATION PLAN PROPOSALS TO DISALLOW PUNITIVE DAMAGES VIOLATE BEST-INTERESTS TEST

May 12, 2006, Alexandria, Va. — Nearly half of the respondents (46 percent) to the most recent American Bankruptcy Institute (ABI) online poll did not agree that chapter 11 reorganization plans proposing to disallow punitive damages across the board are a violation of the best-interests test under §1129(a)(7) of the Bankruptcy Code. Twenty-five percent of the respondents strongly disagreed, and 21 percent “disagreed somewhat” that plans proposing to disallow punitive damages were a violation of the best-interests test.

However, the largest category out of the 158 respondents (27 percent) weighed in that they “strongly agreed” that plans proposing to disallow punitive damages were a violation of the best-interests test. Another 16 percent “agreed somewhat” that it was a violation of the best-interests test for reorganizations plans to propose excluding punitive damages. Eleven percent of respondents did not have an opinion or did not know enough about the issue.

ABI membership and members of the public were welcome to submit their response to the statement A Ch. 11 reorganization plan that proposes to disallow punitive damage claims across the board violates the best interests test under sec. 1129(a)(7) for the recent poll that was open for voting from April 28 – May 10.

The ABI Quick Poll is posted on ABI’s home page, www.abiworld.org. ABI members and the public are invited to respond to a question on a timely bankruptcy or insolvency issue.

Visit http://www.abiworld.net/quickpoll/ to access the results of previous ABI’s Quick Poll.

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ABI is the largest multi-disciplinary, nonpartisan organization dedicated to research and education on matters related to insolvency. ABI was founded in 1982 to provide Congress and the public with unbiased analysis of bankruptcy issues. The ABI membership includes more than 11,500 attorneys, accountants, bankers, judges, professors, lenders, turnaround specialists and other bankruptcy professionals providing a forum for the exchange of ideas and information. For additional information on ABI, visit www.abiworld.org. For additional conference information, visit http://www.abiworld.org/conferences.html.

First Quarter Bankruptcy Filings Fall to Lowest Levels Since 1985

Contact: John Hartgen
             (703) 739-0800
             [email protected]

FIRST QUARTER BANKRUPTCY FILINGS FALL TO LOWEST LEVELS SINCE 1985

May 26, 2006, Alexandria, Va. The total number of U.S. bankruptcies filed during the first three months of 2006 were the lowest on record in more than 20 years as filings fell to 116,771, according to data released today by the Administrative Office of the U.S. Courts. The total filings for the first calendar year quarter of 2006 (January 1-March 31, 2006) have not been experienced since the 1985 fourth calendar year quarter (October 1-December 31, 1985), when bankruptcy filings totaled 114,021. The 2006 first quarter calendar year filings also represent a 82.5 percent drop in filings from the previous quarter (October 1-December 31, 2005) when 667,431 new cases were filed. It is also represents a 70.89 percent drop compared to the 401,149 total filings for the same three-month period ending March 31, 2005.

A new bankruptcy law went into effect on October 17, 2005. The new law requires that consumers first go through credit counseling before being eligible for bankruptcy. The new law also reduces the scope of bankruptcy relief.

“Congress hoped the new law would reduce the number of new consumer bankruptcies and the latest figures reflect that intention, though there are still many families under financial stress,” said Samuel J. Gerdano, ABI Executive Director. “We haven’t seen numbers this low since the mid-1980’s, when a gallon of gasoline was $1.20.”

Consumer filings represented the largest drop-off as they decreased 82.79 percent to 112, 685 for the three-month period ending March 31, 2006 from 654,633 the previous three-month period ending December 31, 2005. They also represent a 71.33 percent decrease from the same period in 2005, which had a total of 393,086 nonbusiness filings.

Business filings for the three-month period ending March 31, 2006 also experienced significant decreases as the total of 4,086 filings were down 68.02 percent from the 2005 fourth quarter total of 12,798 and 49.32 percent from the 8,063 business cases filed in the same quarterly period of 2005.

However, total filings increased for each month of the three-month period ending March 31, 2006, as nearly half of the total filings (44.26 percent) occurred in the month of March with 51,683 filings. January 2006 totaled 28,368 filings, while 36,720 total filings were recorded for February 2006. The steady increase was in stark contrast to the previous quarter’s steep monthly drop due to the October 17, 2005, implementation of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). Filings fell from a high of 630,468 in October 2005 to 14,480 for November 2005 and 22,927 for December 2005.

The total filings for the 12-month period ending March 31, 2006 were sustained by the surge of debtors filing for bankruptcy before the October 2005 implementation of BAPCPA. Total filings rose 12.81 percent to 1,794,795 compared to 1,590,975 bankruptcy cases filed in the 12-month period ending March 2005. Prior to the March 2006 12-month reporting period, bankruptcy filings rose 30 percent in the 12-month period ending December 31, 2005, which was also attributable to the rush prior to BAPCPA’s implementation.

Nonbusiness filings for the 12-month period ending March 31, 2006, totaled 1,759,503, up 12.86 percent from the 1,559,023 total nonbusiness filings in the 12-month period ending March 31, 2005. Business filings for the 12-month period ending March 31, 2006, totaled 35,292, up 10.45 percent from the 31,952 bankruptcy petitions filed in the 12-month period ending March 31, 2005.

Chapter 7 filings rose to 1,432,074 for the 12-month period ending March 31, 2006, representing a 25.43 percent increase from the 1,141,715 filings from the same period in 2005. Chapter 13 filings fell 19.48 percent, to 355,756 in the 12-month period ending March 31, 2006 from 441,838 in the same period last year. Chapter 11 filings also declined, falling 8.69 percent to 6,497 in 2006 from 7,115 in 2005. Chapter 12 filings rose 93.65 percent from 189 in 2005 to 366 in 2006.

BUSINESS FILINGS for the 3-month period ending March 31, 2006, totaled 4,086, down 49.32 percent from the 8,063 bankruptcy business cases filed in the same period in 2005. NON-BUSINESS FILINGS for the 3-month period ending March 31, 2006, decreased 71.33 percent from 393,086 in 2005 to 112,685 in 2006.

The chapter* breakdown of BUSINESS filings for the 3-month period ending March 31, 2006, is: 2,147 chapter 7s, 1,291 chapter 11s, 84 chapter 12s and 540 chapter 13s.

The chapter breakdown of NON-BUSINESS filings for the 3-month period ending March 31, 2006, is: 63,250 chapter 7s, 121 chapter 11s and 49,314 chapter 13s.

Districts with the Highest Percentage INCREASE in Total Filings for the 12-month period ending March 31, 2006 (compared to the identical period in 2005):

  1. District of Vermont: 39.76%
  2. Northern District of Indiana: 35.86%
  3. District of Alaska: 35.10%       
  4. Northern District of Ohio: 33.76
  5. Western District of Oklahoma: 33.37%

Districts with the Highest Percentage DECREASE in Total Filings for the 12-month period ending March 31, 2006 (compared to the identical period in 2005):

  1. Southern District of Georgia: 19.32%
  2. Middle District of Georgia: 17.14%
  3. Southern District of Alabama: 15.02% 
  4. District of South Carolina: 14.93%       
  5. District of Utah: 12.05%

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ABI is the largest multi-disciplinary, nonpartisan organization dedicated to research and education on matters related to insolvency. ABI was founded in 1982 to provide Congress and the public with unbiased analysis of bankruptcy issues. The ABI membership includes more than 11,500 attorneys, accountants, bankers, judges, professors, lenders, turnaround specialists and other bankruptcy professionals providing a forum for the exchange of ideas and information. For additional information on ABI, visit www.abiworld.org. For additional conference information, visit http://www.abiworld.org/conferences.html.

*Definitions from Bankruptcy Overview: Issues, Law and Policy, by the American Bankruptcy Institute

Chapter 7 of the Bankruptcy Code is available to both individual and business debtors. Its purpose is to achieve a fair distribution to creditors of the debtor’s available non-exempt property.  Unsecured debts not reaffirmed are discharged, providing a fresh financial start.  

Chapter 11 of the Bankruptcy Code is available for both business and consumer debtors. Its purpose is to rehabilitate a business as a going concern or reorganize an individual’s finances through a court-approved reorganization plan.

Chapter 12 of the Bankruptcy Code is designed to give special debt relief to a family farmer with regular income from farming. 

Chapter 13 of the Bankruptcy Code is available for an individual with regular income whose debts do not exceed specific amounts; it is typically used to budget some of the debtor’s future earnings under a plan through which unsecured creditors are paid in whole or in part.

 

New Bankruptcy Law Contributing to Decreased Caseloads According to Latest ABI Poll

Contact: John Hartgen
             (703) 739-0800
 
             [email protected]

NEW BANKRUPTCY LAW CONTRIBUTING TO DECREASED CASELOADS ACCORDING TO LATEST ABI POLL

May 19, 2006, Alexandria, Va. — Nearly two-thirds of the respondents (63 percent) to the most recent American Bankruptcy Institute (ABI) online poll reported a decrease in caseloads over the past six months due in part to the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). Only 13 percent of the respondents said they experienced an increased caseload over the past six months, which they attributed in part to the implementation of BAPCPA.

Out of the respondents who felt the new law had little impact on their caseloads over the past six months, 3 percent reported an increase in cases, while 9 percent reported a decrease. Twelve percent of respondents claimed that BAPCPA had no noticeable impact on their caseloads. Bankruptcy filings are way down in 2006, averaging about 10,000 new cases per week, compared to about 30,000 per week in recent years.

ABI members were welcome to submit their response to the following statement: Six months into the new bankruptcy law, the impact on your practice has been:  Increased/decreased caseload, caused/unrelated in part to the law? This poll was open for voting from May 11-18.

The ABI Quick Poll is posted on ABI’s home page, www.abiworld.org. ABI members and the public are invited to respond to a question on a timely bankruptcy or insolvency issue.

Visit http://www.abiworld.net/quickpoll/ to access the results of previous ABI’s Quick Poll.

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ABI is the largest multi-disciplinary, nonpartisan organization dedicated to research and education on matters related to insolvency. ABI was founded in 1982 to provide Congress and the public with unbiased analysis of bankruptcy issues. The ABI membership includes more than 11,500 attorneys, accountants, bankers, judges, professors, lenders, turnaround specialists and other bankruptcy professionals providing a forum for the exchange of ideas and information. For additional information on ABI, visit www.abiworld.org. For additional conference information, visit http://www.abiworld.org/conferences.html.

 

ABI Endowment to Fund Study of the Prevalence of Substantive Consolidation in Large Public Company Bankruptcies

Contact: John Hartgen 
             (703) 739-0800
             [email protected]

ABI ENDOWMENT TO FUND STUDY OF THE PREVALENCE OF SUBSTANTIVE CONSOLIDATION IN LARGE PUBLIC COMPANY BANKRUPTCIES

May 23, 2006, Alexandria, Va. — The American Bankruptcy Institute Endowment Fund has awarded a $22,000 grant to Prof. William H. Widen of the University of Miami School of Law to study the prevalence of substantive consolidation in large public company bankruptcy proceedings. Substantive consolidation is a judicially created remedy where the assets and liabilities of two or more entities are pooled, and the pooled assets are aggregated and used to satisfy the claims of creditors of all the consolidated entities.

Prof. Widen’s motivation for the study is to find a correct understanding of substantive consolidation and its uses to aid courts as they consider the scope and limits of this doctrine. He has so far found that case law rhetoric, which suggests that substantive consolidation should rarely be used, is at odds with actual practice, which finds use of the doctrine to be a common and essential tool of case administration.

'I hope this research will provide a better understanding of the conditions under which the corporate form is respected and ignored in practice,” Prof. Widen said. “This may allow for a more precise formulation of the contours of substantive consolidation doctrine which, though extremely important for business reorganizations, remains unsettled at this time.'

The study will expand and complete a preliminary study in which Prof. Widen found that 11 of the top 21 bankruptcy proceedings (measured by asset size) from 2000-2004 used the substantive consolidation doctrine as part of the reorganization. Prof. Widen and his research staff will collect and analyze primary-source materials for additional cases from 2000-2004 to arrive at a more definite frequency number for large public company bankruptcies. Its goal is to show that proper formulation of the doctrine is essential for the efficient reorganization of corporate groups.

The ABI Endowment Fund was created in 1989 to provide a secure financial base for the Institute and to provide resources for insolvency research and education. Projects eligible for Endowment funding include research by individuals or entities relating to bankruptcy or insolvency; surveys or other analytical investigation; the education of judges, court personnel, other governmental personnel and the general public; scholarships or other educational grants; support for the Robert M. Zinman Resident Scholar; and support for both the Chief Judge Conrad B. Duberstein National Bankruptcy Memorial Moot Court Competition and ABI’s Corporate Restructuring Competition. Since 1998, the Fund has awarded nearly $500,000 in grants.

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ABI is the largest multi-disciplinary, nonpartisan organization dedicated to research and education on matters related to insolvency. ABI was founded in 1982 to provide Congress and the public with unbiased analysis of bankruptcy issues. The ABI membership includes more than 11,500 attorneys, accountants, bankers, judges, professors, lenders, turnaround specialists and other bankruptcy professionals providing a forum for the exchange of ideas and information. For additional information on ABI, visit www.abiworld.org. For additional conference information, visit http://www.abiworld.org/conferences.html.

ABIs Popular Southwest Bankruptcy Conference Set to Take Place September 7-9

Contact: John Hartgen 
            
(703) 739-0800
             [email protected]

ABI’S POPULAR SOUTHWEST BANKRUPTCY CONFERENCE
SET TO TAKE PLACE SEPTEMBER 7-9

 

May 19, 2006, Alexandria, Va. –More than 500 participants are expected to attend ABI’s 14th Annual Southwest Bankruptcy Conference at the Wynn Las Vegas, the newest luxury resort on the famed Vegas strip. The conference provides an opportunity for attendees to earn up to 10 hours of continuing education credits including 1.5 hours of ethics. Program chairs for the conference are Jeffrey N. Pomerantz of Pachulski Stang Ziehl Young Jones & Weintraub LLP (Los Angeles) and T. Scott Avila of Corporate Revitalization Partners LLC (Santa Monica, Calif.). The Judicial Chair is Bankruptcy Judge Gregg W. Zive (Reno, Nev.).

Programs at the conference include:

'Skills: How to Conduct a Valuation Hearing,” moderated by James Patrick Shea of Shea & Carlyon, Ltd. (Las Vegas) features a panel including Eric D. Goldberg of Stutman, Treister & Glatt, PC (Los Angeles), Michael Hackman of Hackman Capital Partners, LLC (Los Angeles), Dillon Jackson of Foster Pepper PLLC (Seattle), William C. Kosturos of Alvarez & Marsal, LLC (San Francisco) and Bankruptcy Judge Gregg W. Zive (Reno, Nev.).

“KERPs, Comp and Bonus Issues under the New Code, Including Pension Benefits and Union Contracts” will be moderated by Thomas J. Salerno of Squire, Sanders & Dempsey, LLP (Phoenix) and include panelists Trent P. Cornell of Stohl Cowen Crowley LLC (Chicago), Catherine Steege of Jenner & Block, LLP (Chicago) and Bankruptcy Judge Eugene R. Wedoff (Chicago).

Bankruptcy Judge Bruce A. Markell (Las Vegas) will moderate “Small Business Chapter 11s: New Rules and Roles” with panelists Victor A. Sahn of SulmeyerKupetz, APC (Los Angeles) and Teri Stratton of Giuliani Capital Advisors LLC (Los Angeles).

“Ethical Issues in Professional Compensation,” moderated by Robin E. Phelan of Haynes and Boone, LLP (Dallas) will feature panelists Robbin L. Itkin of Kirkland & Ellis LLP (Los Angeles), T. Edward Malpass of the Law Offices of T. Edward Malpass (Irvine, Calif.), Mike Nakagawa of Nakagawa and Rico (Sacramento, Calif.) and Carl H. Young, III of Bridge Associates, LLC (Tulsa, Okla.)

Bankruptcy Judge Theodore C. Albert (Los Angeles) will moderate “Navigating the Minefields of Representing Chapter 11 Committees- Getting Employed, Managing Inter-Committee Conflicts and Complying with BAPCPA” featuring panelists Julie J. Becker of Wells Fargo Bank Minnesota, NA (Minneapolis), Jeffrey N. Pomerantz of Pachulski Stang Ziehl Young Jones & Weintraub LLP (Los Angeles) and Ron Tucker of Simon Properties (Indianapolis).

“Changing Roles in Commercial Cases: The Impact of Hedge Funds and Private Equity Funds on the Restructuring Landscape” features moderator Peter M. Gilhuly of Latham & Watkins LLP (Los Angeles) with panelists Paul S. Aronzon of Imperial Capital (Los Angeles), Susan M. Freeman of Lewis and Roca LLP (Phoenix), Eric D. Maloy of Bank of America Business Capital (Dallas) and Steven R. Strom of Jefferies & Company, Inc. (New York).

Bankruptcy Judge Linda B. Riegle (Las Vegas) will moderate the “Current Developments in Consumer Bankruptcies: After the Flood” session with panelists Timothy S. Cory of Timothy S. Cory & Associates/Chapter 7 Trustee (Las Vegas), Steven Jay Katzman, Assistant U.S. Trustee, Region 15 (San Diego), Dianne C. Kerns, Chapter 13 Trustee (Tucson, Ariz.) and   Dianne Wilkman of Sbringboard Nonprofit Consumer Credit Management (Riverside, Calif.).

Bankruptcy Judges Eileen W. Hollowell (Tucson, Ariz.), Eugene R. Wedoff (Chicago) and Linda B. Riegle (Las Vegas) will hold a breakout session focused on consumer cases. A breakout session focused on commercial cases will also be held by Bankruptcy Judges Sarah S. Curley (Phoenix), Theodore C. Albert (Los Angeles), Bruce A. Markell (Las Vegas) and Gregg W. Zive (Reno, Nev.).

The “Views from the Bench” session will feature Bankruptcy Judges Gregg W. Zive (Reno, Nev.), Theodore C. Albert (Los Angeles), Sarah S. Curley (Phoenix), James D. Gregg (Grand Rapids, Mich.), Eileen W. Hollowell (Tucson, Ariz.), Bruce A. Markell (Las Vegas), Linda B. Riegle (Las Vegas) and Eugene R. Wedoff (Chicago).

For more information on the Southwest Bankruptcy Conference, visit http://www.abiworld.org/SW06

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ABI is the largest multi-disciplinary, nonpartisan organization dedicated to research and education on matters related to insolvency. ABI was founded in 1982 to provide Congress and the public with unbiased analysis of bankruptcy issues. The ABI membership includes more than 11,500 attorneys, accountants, bankers, judges, professors, lenders, turnaround specialists and other bankruptcy professionals providing a forum for the exchange of ideas and information. For additional information on ABI, visit www.abiworld.org. For additional conference information, visit http://www.abiworld.org/conferences.html.

 

ABI Poll Finds that Court-Ordered Information-Sharing Protocols are a Solution to BAPCPAs Committee Disclosure Requirements

Contact: John Hartgen
             (703) 739-0800
 
             [email protected]

 

ABI POLL FINDS THAT COURT-ORDERED INFORMATION-SHARING PROTOCOLS ARE A SOLUTION TO BAPCPA’S COMMITTEE DISCLOSURE REQUIREMENTS

May 30, 2006, Alexandria, Va. —Seventy-two percent of respondents to the recent American Bankruptcy Institute online poll agreed that court-ordered information-sharing protocols, like those established in the Refco and Calpine cases, are a solution to concerns over the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005’s (BAPCPA) committee disclosure requirements. Nearly half (44 percent) said that they “agree somewhat” that court-ordered information-sharing would satisfy concerns over BAPCPA’s committee disclosure requirements, with 28 percent respondents weighing in that they “agree strongly.”

Only 16 percent of respondents disagreed that court-ordered information-sharing requirement protocols are the solution to concerns over the new law’s committee disclosure requirements, as 8 percent “disagreed strongly” and 8 percent “somewhat disagreed.” Thirteen percent of the respondents did not know or had no opinion on the issue.

ABI membership and members of the public were welcome to submit their response to the statement: “Court-ordered information-sharing protocols like the one established in Refco and Calpine are the solution to concerns over BAPCPA’s committee disclosure requirements.”  The poll was open for voting from May 18 – May 24.

The poll question was based on recent court cases, including Refco, Calpine, Oneida and Silicon Graphics, Inc., in which debtors have sought the court’s permission to limit the sharing of confidential information to only those participants of a creditors’ committee bound by a confidentiality agreement.

The ABI Quick Poll is posted on ABI’s home page, www.abiworld.org. ABI members and the public are invited to respond to a question on a timely bankruptcy or insolvency issue.

Visit http://www.abiworld.net/quickpoll/ to access the results of previous ABI’s Quick Poll.

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ABI is the largest multi-disciplinary, nonpartisan organization dedicated to research and education on matters related to insolvency. ABI was founded in 1982 to provide Congress and the public with unbiased analysis of bankruptcy issues. The ABI membership includes more than 11,500 attorneys, accountants, bankers, judges, professors, lenders, turnaround specialists and other bankruptcy professionals providing a forum for the exchange of ideas and information. For additional information on ABI, visit www.abiworld.org. For additional conference information, visit http://www.abiworld.org/conferences.html.

 

ABI World Podcast Features Discussion on Church Bankruptcies

Contact: John Hartgen 
            
(703) 739-0800
             [email protected]

ABI WORLD PODCAST FEATURES DISCUSSION ON CHURCH BANKRUPTCIES

June 16, 2006 Alexandria, Va. The latest American Bankruptcy Institute podcast features a conversation on diocesan bankruptcies between ABI Executive Director Sam Gerdano and Ford Elsaesser, a senior partner of Elsaesser Jarzabek, et al. of Sandpoint, Idaho. Elsaesser, a former ABI president and chairman, represents the Association of Parishes in the Diocese of Spokane, Wash. In the wake of recent sexual abuse legal proceedings, several Catholic Church diocese have filed for bankruptcy in order to maintain operations while working out settlements to pay for the abuse claims. To date, the diocese of Spokane, Wash., Tucson, Ariz., and Portland, Ore., have filed for bankruptcy due to the escalating costs of the abuse settlements.

Elsaesser’s practice includes commercial law and banking, bankruptcy, trusteeships and receiverships, and corporate law. He serves as an adjunct professor at St. John’s Law School LL.M. Bankruptcy Program in New York and the University of Idaho’s School of Law. Elsaesser was awarded the Idaho State Bar Professionalism Award in 1999 and the Idaho State Bar Pro Bono Award in 1991. He is also a Fellow in the American College of Bankruptcy.

The ABI World podcast provides listeners the flexibility to enjoy the podcast from a computer or to download to their digital audio player for listening on-the-go. A new podcast will be available each week on the ABI World Web site featuring a conversation with a prominent figure in bankruptcy law.

To access the weekly ABI World podcasts, follow the link below:
http://www.abiworld.org/Content/NavigationMenu/Online_Resources/ABI_World_Podcast/ABI_World_Podcast.htm

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ABI is the largest multi-disciplinary, nonpartisan organization dedicated to research and education on matters related to insolvency. ABI was founded in 1982 to provide Congress and the public with unbiased analysis of bankruptcy issues. The ABI membership includes more than 11,500 attorneys, accountants, bankers, judges, professors, lenders, turnaround specialists and other bankruptcy professionals providing a forum for the exchange of ideas and information. For additional information on ABI, visit www.abiworld.org. For additional conference information, visit http://www.abiworld.org/conferences.html.

 

ABI Poll Finds that Special Charge on Consumer Goods Within Ailing Industries Would Not Help Solve the PBGCs Deficit

Contact: John Hartgen
             (703) 739-0800
            
[email protected]

  SPECIAL CHARGE ON CONSUMER GOODS WITHIN AILING INDUSTRIES WOULD NOT HELP SOLVE THE PBGC’S DEFICIT, ACCORDING TO MAJORITY OF ABI POLL RESPONDENTS

June 9, 2006, Alexandria, Va. —Sixty-eight percent of respondents to the recent American Bankruptcy Institute online poll disagreed that a possible solution to the Pension Benefit Guaranty Corp.’s (PBGC) deficit woes would be to mandate a special levy on consumer goods within ailing industries such as the airline and automotive industries. More than half of the total respondents (55 percent) said that they “disagreed strongly” with the idea of a proposed mandate for a special levy, such as a $1 ticket fee earmarked for a PBGC insurance fund against future airline pension terminations, as a viable solution for the agency. Thirteen percent of participants “disagreed somewhat” that placing a special fee on consumer goods within struggling industries would help to alleviate the PBGC’s deficit.

Only 21 percent of respondents agreed that a mandated special charge on consumer goods within ailing industries would be a possible solution to make up for the PBGC’s funding shortfall, as 10 percent “agreed strongly” and 11 percent “somewhat agreed.” Ten percent of the respondents did not know or had no opinion on the issue.

ABI membership and members of the public were welcome to submit their response to the statement: “One solution to the PBGC’s deficit is to mandate a special levy on consumer goods within ailing industries such as airlines and autos (e.g., a $1/ticket fee earmarked for a PBGC insurance fund against future airline pension terminations).” The poll was open for voting from May 25 – June 7.

The poll question was based on reports that the PBGC is operating under a $22.8 billion deficit after assuming the liabilities of pension plans of recently bankrupt companies in the airline, automotive and steel industries.

The ABI Quick Poll is posted on ABI’s home page, www.abiworld.org. ABI members and the public are invited to respond to a question on a timely bankruptcy or insolvency issue.

Visit http://www.abiworld.net/quickpoll/ to access the results of previous ABI Quick Polls.

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ABI is the largest multi-disciplinary, nonpartisan organization dedicated to research and education on matters related to insolvency. ABI was founded in 1982 to provide Congress and the public with unbiased analysis of bankruptcy issues. The ABI membership includes more than 11,500 attorneys, accountants, bankers, judges, professors, lenders, turnaround specialists and other bankruptcy professionals providing a forum for the exchange of ideas and information. For additional information on ABI, visit www.abiworld.org. For additional conference information, visit http://www.abiworld.org/conferences.html.

 

ABIs Second Complex Financial Restructuring Program to be Held September 7-8

Contact: John Hartgen 
            
(703) 739-0800
            
[email protected]

ABI’S SECOND COMPLEX FINANCIAL RESTRUCTURING PROGRAM
TO BE HELD SEPTEMBER 7-8

June 9, 2006 Alexandria, Va. – The American Bankruptcy Institute’s Investment Banking Committee will hold the Second Complex Financial Restructuring Program at the Wynn Las Vegas, Sept. 7-8, 2006. The program, to be held in conjunction with ABI’s Southwest Bankruptcy Conference, will offer a unique approach to understanding the role of investment bankers and financial advisors in insolvency and restructuring contexts. A case study will illustrate the perspectives of various parties involved in the restructuring process as they examine strategic alternatives and seek the highest value for an insolvent company. Leaders in the industry will play the roles of the major constituents as they work through the case study in this day-long program, which will offer 7.75 CLE credits.

U.S. Supreme Court Justice John Paul Stevens will give a keynote presentation in conjunction with ABI’s Southwest Bankruptcy Conference on Sept. 7, followed by the case study for the Complex Financial Restructuring Program.

“Presenting the Case Evolution,” which will be moderated by Peter S. Kaufman of the Gordian Group LLC (New York), Charles Reardon of Houlihan Lokey Howard & Zukin (Washington, D.C.) and J. Scott Victor of SSG Capital Advisors, LP (Philadelphia).

The key constituents for “Presenting the Case Evolution” will be represented by the following insolvency industry leaders:

  • Chief Counsel: Jeffrey B. Cohen of the Pension Benefit Guaranty Corporation (Washington, D.C.)
  • Board of Directors: Robert J. Dehney of Morris, Nichols, Arsht & Tunnell, LLP (Wilmington, Del.)
  • Bondholder: James J. McGinley of the Wilmington Trust Company (New York)
  • Turnaround Professional: F. Duffield Meyercord of the Carl Marks Advisory Group LLC (New York)
  • Landlord Representative: Norman L. Pernick of Saul Ewing LLP (Wilmington, Del.)
  • Bondholder: Jeffery S. Sabin of Schulte Roth & Zabel LLP (New York)
  • CEO: Anthony H.N. Schnelling of Bridge Associates, LLC  (New York)
  • Private Equity: Myung Yi of American Capital Strategies, Ltd. (Washington, D.C.)

“The Financing Solution” will feature Henry Miller of Miller Buckfire & Co., LLC (New York) as the Team Investment Banker, as well as speakers Howard Brod Brownstein of NachmanHaysBrownstein, Inc. (Narberth, Pa.), Dave Gozdecki of LaSalle Business Credit (Chicago) and Michael P. Richman of Mayer, Brown, Rowe & Maw LLP (New York).

“The Restructuring Solution” will feature James D. Decker of Alvarez & Marsal, LLC (Atlanta) as the Team Investment Banker, along with Penny Friedman of CIT Business Capital (Chicago), Jeff J. Marwil of Jenner & Block, LLP (Chicago) and Rebecca A. Roof of AlixPartners LLC (New York).

William Q. Derrough of Jefferies & Company, Inc. (New York) will be the Team Investment Banker for the “The M&A Solution,”  along with speakers Richard A. Chesley of Jones Day (Chicago), Walter Schuppe of CapitalSource Finance LLC (Farmington, Conn.) and William K. Snyder of Corporate Revitalization Partners, LLC (Dallas).

In addition, there will be a luncheon program held in conjunction with the Southwest Bankruptcy Conference titled “Where will the New Business Come From?” The Complex Financial Restructuring Conference will close with the session “Case Resolution: Debating the Merits of the Three Proposals and Coming to Resolution.”

To find out more about ABI’s Complex Financial Restructuring Program, please visit www.abiworld.org/cfrp06. Note that attendees participating in ABI’s Southwest Bankruptcy Conference may attend the Complex Financial Restructuring Program free of charge.

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ABI is the largest multi-disciplinary, nonpartisan organization dedicated to research and education on matters related to insolvency. ABI was founded in 1982 to provide Congress and the public with unbiased analysis of bankruptcy issues. The ABI membership includes more than 11,500 attorneys, accountants, bankers, judges, professors, lenders, turnaround specialists and other bankruptcy professionals providing a forum for the exchange of ideas and information. For additional information on ABI, visit www.abiworld.org. For additional conference information, visit http://www.abiworld.org/conferences.html.