What’s been going on in the bankruptcy claims marketplace over the past year? Crypto, crypto, crypto, sprinkled in with a little bit of trucking, courtesy of the Yellow Corp. case. 
The Third Circuit has a reputation as being a “plain meaning” court — meaning that it strictly construes and applies the words of a statute. Its Jan. 19, 2024, opinion in In re FTX Trading Ltd.  is an example.
The Business Reorganization Committee had a busy and successful 2023, and we are already looking forward to another great year in 2024.
Does an unsecured creditors’ committee have an unconditional right to intervene in an adversary proceeding related to a chapter 11 case? Courts are undecided — and just last year, the U.S. Bankruptcy Court for the Southern District of Florida widened the split.
A merchant agreement is a contract between a business, as merchant, and a financial institution governing the terms and conditions of electronic payment processing services provided by the financial institution to the business.
2022 has been a return to “normal” and a busy year for ABI’s Business Reorganization Committee. Committee members have taken advantage of the many benefits afforded to them, including the committee’s many newsletters and educational programs offered throughout the year, and have taken part in active discussions over the listserv regarding hot topics and industry trends.
A New Exception to a Strict Fifth Circuit Prohibition
If a solvent chapter 11 debtor designates creditors as unimpaired, what rate of post-petition interest must the debtor pay those creditors? That question has divided bankruptcy courts. Some have held that a plan must pay unimpaired creditors post-petition interest at the contract rate.
“It’s like déjà vu all over again.”
— Yogi Berra
A recent decision by the Eleventh Circuit Court of Appeals addresses an issue previously addressed by only one other circuit court and should be welcome news for preference defendants asserting a “subsequent new value” defense while also having a § 503(b)(9) claim. In the case of Auriga Polymers Inc. v.
This panel of experts will discuss emerging trends from recent restructurings and bankruptcies in the health care industry, with a special focus on hospitals and biotechnology companies.
This panel will discuss the following issues regarding crypto, distinguishing customer property from property of the estate, understanding crypto valuation issues, distribution options in crypto cases, M&A risks and pitfalls, effectively using social media to communicate with a large customer base, juggling cash and crypto management, and debtor-on-debtor violence.
These overviews from ABI committee experts will arm you with vital information you can use in your practice well into the new year.
This panel will delve into issues involving digital accounts, cryptocurrency and NFTs, including how to getsecured and perfected, how to liquidate, and bankruptcy-specific considerations. The panelists also will discuss UCC Article 12 and its impact on the digital-asset world for secured parties, and help practitioners better understand the considerations and issues they should be spotting when advising their constituents on dealing with digital assets.
Recent large bankruptcies like NRA, Boy Scouts of America, Roman Catholic Archdiocese, Purdue Pharma and J&J have invigorated debate over the longstanding issues of venue and bad faith in bankruptcy. This panel will explore matters surrounding venue and bad-faith filings, related ethics considerations, and the newest wave of reform initiatives.
There have been a number of recent bankruptcy filings by large and high profile healthcare providers, such as the filings of Verity Health System of California, Inc., in Los Angeles (the second largest hospital bankruptcy case in American history), Hospital Acquisition LLC and 25 related debtors d/b/a Promise Health and American Academic Health System (Hahnemann University Hospital and St. Christopher Hospital in Philadelphia) in Wilmington, Delaware, and Astria Health in Yakima, Washington.
Hosted by the Business Reorganization and Mediation Committees.
The topic of the most recent Commercial Fraud Committee call, discussed the Uniform Voidable Transactions Act (UVTA), formerly named the Uniform Fraudulent Transfer Act (UFTA), which was amended (and retitled) in 2014 for the first time since its creation in 1984. According to the Uniform Law Commission, the amended Act, which strengthens creditor protections by providing remedies for certain transactions by a debtor that are unfair to the debtor’s creditors, addresses a small number of narrowly-defined issues and is not a comprehensive revision of the Act.
Public Securities and the Bankruptcy Plan Process: What Not to Do
The Asset Sales Committee will host John Hutton and Henry Jaffe as they discuss the GM successor liability decision, now on appeal in the Second Circuit, describing the arguments and positions taken by different parties on key issues in the case and discussing the potential impact of the ruling on appeal.
Adams and Reese LLP
Simpson Thacher & Bartlett
New York, NY
Wick Phillips Gould & Martin LLP
Cole Schotz P.C.
Membership Relations Director
Simpson Thacher & Bartlett LLP
New York, NY
Lowenstein Sandler LLP
Special Projects Leader
Perkins Coie LLP