Business Reorganization Committee

Committees

Post date: Monday, September 19, 2016

On June 30, 2016, the U.S. Bankruptcy Court for the Southern District of New York issued yet another decision around the Johns-Manville asbestos litigation. Before the court was Graphic Packaging International’s emergency motion to enforce the confirmation and channeling orders in the Johns-Manville Corp. (“Manville”) and the Manville Forest Products Corp. (“MFP”) chapter 11 cases.

Post date: Monday, September 19, 2016

The “safe harbor” under § 546(e) of the Bankruptcy Code continues to be a “hot topic.” The safe harbor is often invoked by shareholders to protect their “settlement payments” in a leveraged buyout (LBO).

Post date: Monday, September 19, 2016
Photo of George P. Angelich
George P. Angelich

In 2009, General Motors (“Old GM”) commenced an historic chapter 11 case. With federal government backing, Old GM sold the bulk of its business and assets “free and clear” of liabilities to the new entity (“New GM”) predominantly owned by the U.S. Treasury, emerging from chapter 11 in just 40 days.

Post date: Wednesday, June 29, 2016

The basic elements and defenses for fraudulent-transfer claims have a certain elegant balance when combined (see the attached table below). For constructively fraudulent transfers by an insolvent transferor, a defendant who provides reasonably equivalent value will not be held liable.

Post date: Wednesday, June 29, 2016

A debtor’s bankruptcy schedules of assets and liabilities (Schedules) and statement of financial affairs (SOFA) are filed early in a chapter 11 case and are supposed to contain an accurate and complete listing of all assets and liabilities, signed by a responsible party under oath.

Post date: Wednesday, June 29, 2016

The “automatic stay” is one of the most fundamental debtor protections under the Bankruptcy Code. On rare occasions, courts have used their equitable powers under Bankruptcy Code § 105 to enjoin actions against nondebtors, usually arising from the same litigation plaguing the debtor. In late 2015, the Seventh Circuit Court of Appeals decided Caesars Entertainment Operating Co. v.

Post date: Tuesday, May 17, 2016

The past 25 years have marked a growing trend toward the legalization and decriminalization of marijuana. Twenty-three states have legalized the drug’s medical use, with four states and Washington, D.C., going a step further by permitting its recreational use for adults over the age of 21.

Post date: Tuesday, May 17, 2016

Editor’s Note: For more on this topic, purchase Municipalities in Peril: The ABI Guide to Chapter 9, Second Edition, available in the ABI Bookstore (abi.org/bookstore). Members must log in first to obtain reduced pricing.

Post date: Tuesday, May 17, 2016
Photo of Michael Mikikian
Michael Mikikian

The current process for administering chapter 7 cases was established at a time when paper documents had to be hand-delivered to the courts for processing. It was an era of “runners.”

Post date: Thursday, March 10, 2016
Photo of Salene Mazur Kraemer, MBA, CTA
Salene Mazur Kraemer, MBA, CTA

On Nov. 13, 2015, in the U.S. Bankruptcy Court for the Southern District of New York, Judge Glenn issued a memorandum opinion in In re Vivaro Corp., et al.[1] with the following rulings: (1) a claim objection against a foreign entity may be served by U.S.

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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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