Asset Sales Committee


Post date: Monday, September 08, 2014

Editor’s Note: This article was originally published by Law360 on April 24, 2014.
One of the highest-profile aspects of the City of Detroit’s chapter 9 case[1] has been the intense discussion of the fate of the Detroit Institute of Arts (DIA), which is almost unique among U.S. art museums in that its building and collection are owned by the city itself rather than by a charitable nonprofit entity. City ownership is what has put the DIA’s collection “in play,” as the city’s creditors are looking to the DIA’s rich collection as a potential source of repayment of the city’s debts.

Post date: Monday, September 08, 2014

In In re Tribune Co., 2014 WL 2797042 (D. Del. June 18, 2014), the U.S. District Court for the District of Delaware upheld Tribune Company’s plan of reorganization, dismissing a series of appeals as equitably moot. The court’s decision is of particular interest because it comes on the heels of a significant decision by the U.S.

Post date: Monday, September 08, 2014
Photo of Michael J. Riela
Michael J. Riela

Many potential buyers of assets out of bankruptcy assume that making a deposit gives them an option to walk away from the deal and lose nothing more than the amount they put down. In a recent case in the Southern District of New York, that assumption proved to be unwarranted — and costly to the reneging buyer, who ended up liable for damages equal to the difference between the price it had agreed to pay and the assets’ value as of the time of the purchaser’s breach.

Post date: Sunday, September 11, 2011

With the increase of bankruptcies among retailers, online merchants and other consumer companies, the accumulated marketing and ordering information embedded in these companies databases are growing more and more valuable. These firms have built sophisticated analytics to improve sales results by massaging the acquisition data of each and every customer.

Post date: Sunday, September 11, 2011

It doesn't take too much experience in the world of bankruptcy to learn that most of the time, when the proverbial train is leaving the station, it stops for no one. The bankruptcy court approves the transaction over objection and the objecting parties are unable to obtain a stay pending appeal.

Post date: Friday, September 09, 2011

Rule 502 of the Federal Rules of Evidence (FRE), which became law in 2008, addresses whether a party’s disclosure of materials protected by the attorney-client privilege or the work-product rule effects a waiver and if so, whether that waiver should be considered a subject-matter waiver.

Post date: Friday, September 09, 2011
Photo of Christal A. Delgado
Christal A. Delgado

On December 1, 2006, the Federal Rules of Civil Procedure were amended to establish rules to govern discovery of electronically stored information (ESI).[1]

Post date: Friday, September 09, 2011

Until the U.S. Supreme Court’s recent 5-4 decision in Stern v.

Post date: Monday, September 05, 2011

Nothing is more frustrating to a creditor collecting on a promissory note than having the defendant object to the authenticity and/or admissibility of the note—particularly, in response to a creditor’s summary-judgment motion.

Post date: Monday, August 08, 2011
On June 28, 2011, the U.S. Court of Appeals for the Seventh Circuit affirmed the U.S. Bankruptcy Court of the Northern District of Illinois’ decision and held that a secured creditor has a statutory right to credit-bid its debt in the sale of assets proposed under a nonconsensual reorganization plan pursuant to § 1129(b)(2)(A) of the Bankruptcy Code.


Mrs. Alicia M. Bendana
Lugenbuhl, Wheaton, Peck, Rankin & Hubbard, LC
New Orleans, LA
(504) 568-1990

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Sequor Law
Miami, FL
(305) 372-8282

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Communications Manager
Los Angeles, CA
(310) 556-1801

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Education Director
SC&H Capital
Ellicott City, MD
(443) 951-4846

Mr. Christopher M. Candon
Membership Relations Director
Sheehan, Phinney, Bass + Green
Manchester, NH
(603) 627-8168

Mr. James Robert Irving, Esq.
Newsletter Editor
Louisville, KY
(502) 587-3606

Ms. Jane Kim
Special Projects Leader
Keller Benvenutti Kim LLP
San Francisco, CA
(415) 364-6793

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