The Business Reorganization Committee had a busy and successful 2023, and we are already looking forward to another great year in 2024.
Sites Committee
Committees
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.
Mediation Committee Leadership
- Committee Chairs: Connor Bifferato and Edward Schnitzer
- Communications: Mo Bauer and Emily Wall
- Education: Sylvia Mayer and Steve Sather
- Member Relations: Annmarie Chiarello and Kevin McCarrell
- Newsletter: Joseph Orbach and Kara Casteel
Nomination Deadline: March 18, 2024
Criteria
- Completion of a distressed sale (in or outside of court via § 363, a plan, an assignment for benefit of creditors, Article 9, receivership, etc.) that was strategic and provided stakeholders with value (“Sale”);
In business restructuring and chapter 11 cases, it’s not all that unusual at the outset for professionals to exclaim at some juncture, “You want me to do what…?” That was the question prior to the initiation of the Laforta-Gestao e Investimentos, Sociedade Unipessol, Lda., et al.
ABI’s Asset Sales Committee awarded the 2022 Asset Sale of the Year Award to counsel for the stakeholders involved in the successful 11 U.S.C. § 363 sale of the assets and interests of chapter 11 debtor Haven Campus Communities-Starkville, LLC in In re Haven Campus Communities-Starkville, LLC, which came before Hon. Selene Maddox of the U.S.
On April 21, 2023, ABI’s Asset Sales Committee announced that the 2022 Asset Sale of the Year was awarded to the case of In re Electric Last Mile Solutions Inc., et al. (Bankr. D. Del. Case 22-10537-MFW), for the sale of substantially all its assets to Mullen Automotive, Inc. (NASDAQ: MULN).
Hello and thank you to our existing members, and a warm welcome to those recently joining us. We hope this newsletter finds you well, and we look forward to seeing all of you in the coming year.
The Commercial and Regulatory Committee produced a variety of programs, articles and materials throughout 2023.
Fri, 2022-12-09
When retained causes of action are the only recoveries for residual stakeholders, having the right toolkit —with tools sharpened and up to date — is essential to preserving and maximizing value.
Fri, 2022-12-09
This panel will discuss the § 1111(b) election in modern times. It’s not the rule against perpetuities, but it’s also not as simple as your basic loan default. Do you know how to analyze whether making the election makes sense? Perhaps more importantly, do you know how to counsel your client through the process?
Fri, 2022-12-09
Heading into the pandemic, health care was a hot sector in the restructuring landscape. Economic stimulusfunding and a need for health care facilities to address the COVID-19 pandemic led to a slowdown inrestructuring in the sector. However, stimulus funds are now drying up, and health care organizations that were struggling operationally or financially heading into the pandemic are facing even more challenges.
Fri, 2022-12-09
Over the last several years, an increasing number of states, including New York, have adopted the UniformVoidable Transactions Act (UVTA), the latest update to the Uniform Voidable Transfer Act. The UVTA made a number of minor changes and updates to the Uniform Fraudulent Transfer Act (UFTA), including changingthe name. What changes were significant? What opportunities to fix problems/vagaries in the UFTA did the drafters miss? What amendments should the UVTA drafters consider?
Fri, 2022-12-09
This panel of experts will discuss the latest trends in the wind, coal, and oil and gas industries that have dominated the headlines, with special emphasis on new regulatory issues and changes in the energy market.
Sat, 2022-04-30
Based on his distinguished 45-year career dealing with stress and human health, Dr. Bruce Rabin will present a timely program identifying the mental and physical effects of stress, and will introduce skills that can be used to minimize those effects. He will explore the concepts of isolation, changes in behavior and health due to the pandemic, and how negotiation strategies for in-person or remote mediations, client relations and decision-making are affected by stress.
Sat, 2022-04-30
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.
Sat, 2022-04-30
The steep rise in student loan debt is one of the most pressing issues our country faces as it strives to create a more just and equitable society. Getting a college degree has become steadily more expensive, and graduates are often left with overwhelming debt burdens that sometimes take decades to repay. Coupled with the nondischargeability of student debt under the Bankruptcy Code, the “student debt problem” has become one of the most pressing issues of our time.
Sat, 2022-04-30
This panel will explore the basics of blockchain — which is quickly becoming a major sector of the insolvency world — and its inevitable impact on bankruptcy cases.
Sat, 2022-04-30
Section 506(c) and 552(b) waivers have become a staple in the pre-petition-lender-turned-DIP-lender toolbox. But what are the unsecured creditor’s tools for pushing back, and the arguments for why value that accrued post-petition might properly be reserved for junior creditors?