Business Reorganization Committee

Committees

Post date: Wednesday, September 09, 2009

After U.S.

Post date: Saturday, August 08, 2009
Photo of Scott H. Bernstein
Scott H. Bernstein

As a result of the general prohibition under §1125(b) of the Bankruptcy Code on solicitation of votes to accept or reject a plan prior to court approval of a discl

Post date: Saturday, June 06, 2009
Photo of Eric E. Walker
Eric E. Walker

A major trend in insolvency law over the past 10 years is the increase in assets sales through bankruptcy. Instead of a confirming a reorganization plan under chapter 11, a majority of debtors market and sell substantially all their assets through a §363 sale. A major challenge for potential buyers in this situation is the ability to accurately value the assets to be purchased.

Post date: Friday, October 10, 2008
Photo of Alexander Horn
Alexander Horn

The recent disruptions in financial markets have caused many of our clients to assess their counterparty exposure to troubled financial institutions. This article

Post date: Friday, October 10, 2008

A recent bankruptcy decision confirms that loan servicers for a securitized trust have standing to pursue relief from the automatic stay.  In re Woodberry

Post date: Friday, June 06, 2008

ABI is pleased to announce your 2008-2009 co-chairs, as well as the addition of five new leadership positions.  These new positions are a result of your feedback r

Post date: Friday, June 06, 2008

On April 29, 2008, the Second Circuit Court of Appeals in In re The Penn Traffic Co., 2008 WL 1885328, held that under Bankruptcy Code §365, a nondebtor party to a contract that is executory at the time a bankruptcy case is commenced cannot, by post-petition tender or performance of its own outstanding obligations under the contract, deprive the debtor party of

Post date: Friday, June 06, 2008

Constructive trusts are creations of state law. However, some bankruptcy courts have exercised their equitable powers to impose constructive trusts on estate assets. Other bankruptcy courts have concluded that the notion of constructive trusts is at odds with the goals of the Bankruptcy Code.

Post date: Saturday, July 07, 2007

Solvent corporations can generally do whatever they like with their assets. Officers and directors only have to account to their shareholders.

Post date: Saturday, July 07, 2007

Creditors finally have a definitive answer. The Delaware Supreme Court has now held in North American Catholic Educational Programming Foundation Inc v.

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

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