Business Reorganization Committee


Post date: Wednesday, June 17, 2015

Editor’s Note: The following article, “Render unto Caesar the Venue Choice that Is Caesar’s: Venue Transfer and the 'Interest of Justice' Standard Examined in In re Caesars Entertainment Operating Co.,” won the prize for third place in the Seventh Annual ABI Bankruptcy Law Student Writing Competition. The author, Michael Sullivan, is a recent graduate of University of Georgia School of Law in Athens, GA.

Post date: Wednesday, June 17, 2015

Since chapter 12 is modeled after chapter 13, plus the relative paucity of chapter 12 case law, there is a considerable degree of cross-pollination whereby chapter 13 case law is used to resolve chapter 12 issues.[1] Ordinarily, this is fine. Despite their similarities, however, chapter 12 is unique in certain respects.

Post date: Tuesday, May 19, 2015

In recent months, bankruptcy courts and nonbankruptcy courts have addressed the enforceability of make-whole premiums (“make-wholes”) where borrowers have sought to repay loans prior to maturity, including In re Energy Future Holdings, Inc., et al. (EFH) pending before Judge Christopher S. Sontchi of the U.S.

Post date: Tuesday, May 19, 2015
Photo of Jeffrey N. Rothleder
Jeffrey N. Rothleder

The last major revision to U.S. business reorganization laws occurred in 1978. In the nearly four decades since then, the markets and financial products, as well as the industry itself, have evolved. Accordingly, ABI established the Commission to Study the Reform of Chapter 11 to evaluate the U.S.

Post date: Monday, April 27, 2015
Photo of Sylvia Mayer
Sylvia Mayer

Most bankruptcy attorneys are born negotiators. It is part of our DNA to zealously advocate for our client’s position and simultaneously explore options for consensual resolution. Unfortunately, many bankruptcy disputes cannot be resolved this way. Perhaps the client has unrealistic expectations, or perhaps there is a personality conflict between the lawyers and their clients.

Post date: Monday, April 27, 2015
Photo of Salene Mazur Kraemer, CTA
Salene Mazur Kraemer, CTA

Following a nearly-three-year study, on Dec. 8, 2014, the ABI Commission to Study the Reform of Chapter 11 published a 400-page report containing recommendation and principles for policymakers. This article focuses on chapter 11 reform relating to professional retention and compensation.

Post date: Monday, April 27, 2015
Photo of David J. Kozlowski
David J. Kozlowski

The U.S. Court of Appeals for the Second Circuit issued an opinion on Jan. 21, 2015,[1] holding that a UCC-3 termination statement was effective to extinguish a security interest of up to as much as $1.5 billion, notwithstanding that the secured lender erroneously authorized the filing of the termination statement and did not intend to extinguish the security interest.

Post date: Friday, February 13, 2015

Privacy issues are not new to corporate reorganizations; §§ 322 and 363(b)(1) were enacted as part of BAPCPA precisely to address such concerns.[1]  In an increasingly digital age, reorganizing debtors may possess a slew of personally identifiable information (PII), itself a term defined at § 101(41A).

Post date: Friday, February 13, 2015

One of the fundamental rights afforded to a debtor is the right to reject burdensome contracts and unexpired leases. However, where the debtor is the lessor of real property or the assignor of intellectual property, rejection of the underlying agreement could be catastrophic to the nondebtor counterparty.

Post date: Monday, February 09, 2015

Every dollar counts, and for debtors that are party to tax-sharing agreements (“TSAs”), significant dollars may be at stake. As the Sixth and Ninth Circuit Courts of Appeals have demonstrated, when dealing with tax refunds and TSAs, it is not always clear that a debtor’s estate is entitled to every dollar.


Mr. Robert S. Marticello
Smiley Wang-Ekvall, LLP
Costa Mesa, CA
(714) 445-1000

Ms. Jordana L. Renert
Lowenstein Sandler LLP
New York, NY
(212) 419-5963

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

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

Ms. Krista L. Kulp
Newsletter Editor
Cole Schotz P.C.
Hackensack, NY
(201) 525-6317

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

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