Bankruptcy Litigation Committee


Post date: Thursday, June 09, 2016
Photo of Edward L. Schnitzer
Edward L. Schnitzer

In many bankruptcy courts, using mediation to resolve complex disputes, or at least narrow issues in dispute, has become commonplace.[1] In fact, in certain jurisdictions mediation of adversary proceedings is mandatory.[2] However, one recent bankruptcy court expressed disappr

Post date: Thursday, June 09, 2016
Photo of Sylvia Mayer
Sylvia Mayer

Autonomy. Flexibility. Privacy. Cost Efficiency. Closure. These are some of the many reasons that parties choose to mediate. But once the parties agree to mediate, then what? Below are suggestions to help you maximize the value of mediation in bankruptcy cases.

A. How to Get the Most Out of Your Mediation

Post date: Wednesday, May 11, 2016

We asked our joint membership to respond to mediation-related survey questions in order to better understand the experience and to receive comments from the litigant’s and mediator’s perspectives. We would like to thank all those who responded to the survey. We received a robust response and are providing highlights to our joint membership.

Post date: Friday, May 06, 2016

This article by C. Edward Dobbs provides a detailed outline for party advocates and mediators.

Post date: Thursday, January 14, 2016

[1]The New York State Court of Appeals’ decision in Geron v. Seyfarth Shaw LLP[2] reflects the New York courts’ evolving view of the mobility of partners and their clients in large firms.

Post date: Tuesday, December 29, 2015

In June 2015, the Tenth Circuit Court of Appeals decided In re Alternate Fuels Inc.,[1] clarifying its position on debt-equity recharacterization in light of two Supreme Court decisions and further entrenching a circuit split on recharacterization analysis.

Post date: Tuesday, December 29, 2015

Section 510(b) of the Bankruptcy Code expressly subordinates claims arising from the purchase or sale of a security in the debtor or an affiliate to the level of equity. It thus functions as a form of recharacterization. Despite its broad scope, § 510(b) is relatively underused, making it a potentially powerful tool for creative debtors, committees and trustees.

Post date: Tuesday, December 29, 2015

Courts have held that bankruptcy courts have the authority to recharacterize debt to equity if the circumstances warrant such treatment. However, circuit courts are divided as to which provision of the Bankruptcy Code provides such authority. The majority looks to the court’s equitable powers.

Post date: Tuesday, December 29, 2015

Private-equity funds typically provide capital to portfolio companies through equity infusions and debt financing depending on the fund’s investment strategy and the needs of the portfolio company.


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

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