Bankruptcy Litigation Committee

Committees

Post date: Wednesday, November 27, 2019

On June 3, 2019, the U.S. Supreme Court released a unanimous decision in Taggart v.

Post date: Wednesday, November 27, 2019

With more than 900 members, ABI’s 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 2019, so we wanted to take a moment to quickly update you about what we’ve been working on.

Post date: Wednesday, November 27, 2019
Photo of Christopher R. Thompson
Christopher R. Thompson

This November, the Supreme Court will hear oral argument in Ritzen Group Inv. v. Jackson Masonry LLC[1] and ultimately will determine whether a particular bankruptcy court order that denied a stay-relief motion is a final, immediately appealable order under 28 U.S.C. § 158(a)(1).

Post date: Wednesday, November 27, 2019
Photo of Anthony F. Pirraglia
Anthony F. Pirraglia

When the IRS pays a tax refund to the corporate group, it always issues that refund to the corporate parent — even if some or all of the losses are attributable to one of its subsidiaries. That raises an oft-litigated and highly significant question: Who owns the refund?

Post date: Tuesday, October 08, 2019

Since 2015, bankruptcy courts have seen a steady flow of oil and gas bankruptcies — totaling around $106.8 billion in aggregate debt[1] — with no slowdown in sight.[2] These cases bring along the complex transactions common in the industry, governed by differing state laws and

Post date: Tuesday, October 08, 2019

Although 11 U.S.C. § 365(a) allows for rejection of executory contracts, determining whether a contract is, in fact, executory can be challenging. As illustrated by a recent Second Circuit case, whether an oil and gas gathering agreement can be fully rejected as an executory contract depends on the state law governing the dispute and the relationship of the covenants to real property.

Post date: Thursday, June 06, 2019
This article addresses the requirements for vacating a judgment or order as void under Rule 60(b)(4) of the Federal Rules of Civil Procedure, including a review of the Supreme Court’s recent decision in United Student Aid Funds Inc. v. Espinosa, as it pertains to Rule 60(b)(4).
 
Fed. R. Civ. P. 60(b)(4)
Post date: Sunday, May 05, 2019

I sometimes joke that “bankruptcy litigator” is an oxymoron because bankruptcy and litigation practice often seem fundamentally at odds.

Post date: Thursday, May 02, 2019

Trustees and their counsel can breathe easier in the Fifth Circuit.

Post date: Thursday, May 02, 2019

Before litigating an adversary proceeding or contested matter against a state or its agencies, plaintiffs would be wise to consider whether the state entity has a colorable sovereign immunity defense.[1] In In re La Paloma Generating Co.,[2]

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

Ms. Isley Markman Gostin
Co-Chair
WilmerHale
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

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