Bankruptcy Litigation Committee


Post date: Monday, January 04, 2021

With more than 900 members, the Bankruptcy Litigation Committee remains one of the largest and most active of ABI’s committees. The committee, its leadership, and its members were quite busy in 2020 — a year unlike any other — so we wanted to give you a quick update on the committee’s work.

Post date: Friday, August 28, 2020

When bankruptcy fiduciaries are appointed, one of their many duties is to identify and monetize property of the debtor’s estate. Frequently, such property may include a corporate debtor’s causes of action against its officers and directors, and related causes of action against the debtor’s professionals whose negligence may have driven the debtor into bankruptcy.

Post date: Friday, August 28, 2020
Photo of Francisco Rodríguez-Nepote
Francisco Rodríguez-Nepote

In Mexico, only business debtors, trusted estates, and legal entities that are incorporated under mercantile laws are eligible to file for bankruptcy.

Post date: Friday, August 28, 2020

The increasing size and complexity of modern corporations has contributed to a growing necessity for directors’ and officers’ (D&O) liability insurance policies.[1] It is well-settled that when a corporation goes into bankruptcy, D&O insurance policies themselves are property of the bankruptcy estate and thus subject to the aut

Post date: Friday, August 28, 2020

Directors have an unyielding fiduciary duty to protect the interests of the corporation and the stockholders alike. Claims for breaching this duty could result in personal liability and a large money judgment.

Post date: Wednesday, April 22, 2020

The Code requires the court to appoint a patient care ombudsman (PCO) in every case under chapters 7, 9 and 11 where the debtor is a health care business,[1] unless the court makes a finding that such an appointment is not necessary for the protection of patients.[2]

Post date: Wednesday, April 22, 2020

Two recent decisions involving health care companies demonstrate how reorganization under chapter 11 of the Bankruptcy Code[1] can be used to manage large liabilities.

Post date: Wednesday, April 22, 2020

The lifeblood for many hospitals is the prompt reimbursement by Medicare and Medicaid programs for services provided; this is particularly true for nonprofit providers.[1] As a result, the ability to compel reimbursement payments from the Centers for Medicare and Medicaid Services (CMS) or local and state Medicaid providers through the

Post date: Wednesday, April 22, 2020
Photo of David C. Johnson[1]
David C. Johnson[1]

The COVID-19 pandemic is straining already-troubled hospitals and other health care providers. Many will seek refuge in chapter 11, and bankruptcy courts nationwide will be called upon to adjudicate a host of issues, many time-sensitive, as health care providers struggle to provide services. Disputes regarding transferability of critical Medicare provider agreements are inevitable.

Post date: Wednesday, November 27, 2019

A petition for certiorari is presently pending with respect to the Sixth Circuit’s decision in In re Greektown Holdings LLC.[1] If granted, the U.S.


Wed, 2017-02-08

The Bankruptcy Litigation Committee recently hosted a conference call discussing the latest articles in their newsletter (which primarily focus on electronic discovery issues).  Authors of the Newsletter articles were available to discuss their articles and a wide range of topics, including the increasing role of metadata in bankruptcy and e-discovery obligations that may arise in connection with asset purchases.  

Thu, 2016-07-28

Authors of the Bankruptcy Litigation Committee's most recent newsletter hosted a call to discuss their topic, mediation of bankruptcy disputes. Click here to review this full newsletter.

Mon, 2016-05-16

During this informative call, the Newsletter Editors for the Mediation and Bankruptcy Litigation committees briefly disucssed the results of their joint survey concerning views about mediation. Ed Dobbs then lead a substansive discussion on mediation ethics. Click here to view the results of the survey and the outline provided by Mr. Dobbs that were published in a recent newsletter.

Fri, 2016-04-15

War and Peace: Recent Trends and Developments in Bankruptcy Litigation and Mediation

Wed, 2016-02-10

The most recent committee call explored decisions that have clarified case law on recharacterization, including analyzing the Tenth Circuit’s Alternate Fuels decision and other rulings. Additionally, speakers discussed how practitioners can effectively use section 510(b) of the Bankruptcy Code, and how courts have reviewed contemporaneous business records to evaluate the parties’ intentions at the time of the transaction. Speakers from this call included authors of the most recent committee newsletter articles. 

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.

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.

Fri, 2015-04-17

Trustee Selection in Commercial Bankruptcy Cases: Who Wins the Battle to Control the Estate?


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Mr. John C. Cannizzaro
Ice Miller LLP
Columbus, OH
(614) 462-2700

Ms. Isley Markman Gostin
Washington, DC
(202) 663-6551

Mr. Mark A. Platt
Communications Manager
Frost Brown Todd LLC
Dallas, TX
(214) 580-5852

Ms. Sara L. Abner, Esq.
Education Director
Frost Brown Todd LLC
Louisville, KY
(502) 779-8178

Mrs. Dana L. Robbins
Membership Relations Director
Burr & Forman LLP
Tampa, FL
(813) 367-5760

Mr. Jon Jay Lieberman
Special Projects Leader
Sottile & Barile LLC
Loveland, OH
(859) 912-1659

Please note that in order to view the content for the Committee Newsletters you must either sign in if you are already an ABI member, or otherwise you may Become an ABI Member