Business Reorganization Committee

Committees

Post date: Wednesday, June 18, 2014

In certain situations, the sale of an operating entity as a going concern in a receivership proceeding is a viable alternative to seeking relief under the Bankruptcy Code. Receivership going-concern sales may be especially appropriate in complex situations where enterprise value is declining, but the company is not hopelessly insolvent.

Post date: Wednesday, June 18, 2014

Courts across the country have recently been confronted with disputes originating from the acquisition of distressed debt or loans by a party, and the subsequent chapter 11 bankruptcy case commenced by the debtor company.

Post date: Wednesday, June 18, 2014
Photo of Barouir Brian Yeretzian
Barouir Brian Yeretzian

The right to credit-bid is one of the most valuable rights afforded to secured creditors under the Bankruptcy Code. Credit-bidding is the process by which a secured creditor places a bid at a sale of the collateral to which its lien is attached, using the debt owed to it to offset the purchase price.[1] Section 363(k) of the Bankruptcy Code allows secured creditors to credit-bid when a debtor conducts a sale of assets outside the ordinary course of business.[2]

Post date: Wednesday, June 18, 2014
Photo of Cameron W. Kinvig
Cameron W. Kinvig

Collateral estoppel, or issue preclusion, is an important doctrine that protects parties from expensive and vexatious litigation where those parties have previously had a “full and fair opportunity to litigate” the issues.[1] Within the Third Circuit, “a court will bar re-litigation of an issue on collateral estoppel grounds when ‘(1)

Post date: Wednesday, June 18, 2014

Due to the increasing integration of the world’s economies, globalization is now a business reality, even for lower- and middle-market companies. Accordingly, it is becoming more commonplace for foreign debtors to initiate chapter 15 proceedings in the U.S. in connection with insolvency-type proceedings in their home countries.

Post date: Thursday, April 17, 2014

Editor’s Note: This is the second installment of a two-part series by the author. The first article was published in the December 2013 edition of the Business Reorganization Committee Newsletter.

The Bankruptcy Case: Determining Insolvency When Key Assets Are People

Post date: Thursday, April 17, 2014
Photo of Charles M. Berk
Charles M. Berk

As previously discussed in ABI’s Ethics and Professional Compensation Committee’s November 2013 Newsletter,[1] fee-sharing and proper disclosures in connection with certain professionals’ retention ap

Post date: Thursday, April 17, 2014
Photo of Marta Alfonso
Marta Alfonso

Federal tax refunds generated from investment or operating losses can represent a sizeable claim for an individual taxpayer or a consolidated taxpayer group. Ownership of tax refunds among consolidated members is not dictated by federal law, the Internal Revenue Code or regulation, but can be specified in tax-sharing agreements among affiliates.

Post date: Monday, August 08, 2011
Photo of Lorenzo Mendizabal
Lorenzo Mendizabal

Even the smallest chapter 11 reorganizations are complex, with many process handoffs, transactions and communication touchpoints. For cases with substantial or volatile creditor populations, the selection of a claims agent capable of helping a debtor company emerge from chapter 11 successfully can be critical.

Post date: Monday, August 08, 2011

The relatively recent decisions of the Third and Fifth Circuits in Philadelphia Newspapers [1] and Pacific Lumber, [2] with respect to the rights of creditors to credit-bid in a sale of assets under a reorganization plan, uprooted the expectations of secured lenders who had come to expect that in the case of a proposed plan effecting a sale of assets free and clear of liens, they would have the

Pages

Mr. Timothy James Anzenberger
Co-Chair
Adams and Reese LLP
Ridgeland, MS
(601) 292-0715

Ms. Jamie J. Fell
Co-Chair
Simpson Thacher & Bartlett
New York, NY
(212) 455-3822

Mr. Scott D. Lawrence
Communications Manager
Wick Phillips Gould & Martin LLP
Dallas, TX
(214) 420-4449

Mr. Jacob Frumkin, Esq.
Education Director
Cole Schotz P.C.
Hackensack, NJ
(646) 563-8944

Mr. Dov Gottlieb
Membership Relations Director
Simpson Thacher & Bartlett LLP
New York, NY
(212) 455-2347

Ms. Colleen Restel
Newsletter Editor
Lowenstein Sandler LLP
Roseland, NJ
(973) 597-6310

Mr. Bradley A. Cosman
Special Projects Leader
Perkins Coie LLP
Phoenix, AZ
(602) 351-8205

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