The authors are members of Dentons’ Restructuring, Insolvency and Bankruptcy practices.
Sites Committee
Committees
Clare Moylan is a co-founder of Gibbins Advisors in Nashville, Tenn. She is a health care professional with a broad base of experience that includes operations management, turnaround and restructuring, bankruptcy, strategic planning, business analysis, performance improvement consulting and litigation support. Ms.
ABI’s International Committee (IC) is actively soliciting nominations for its Second Annual ABI International Matter of the Year Award. The details are set forth below.
Nomination Deadline: September 8, 2023.
Criteria:
Each submission should address how the matter (the “Matter”) satisfies the following criteria:
Nomination Deadline: Friday, March 31, 2023
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”);
As 2022 has come to a close, it is time for the Health Care Committee to look back on an eventful year (for both the committee and the health care restructuring space as a whole). Although 2022 marked the return of live ABI conferences, the trajectory of the health care industry (and thus the committee’s focus) was still linked to the COVID-19 pandemic and its aftereffects.
Businesses that operate a health care facility, provide health care services, or manufacture, distribute or sell health care products may have multiple operating licenses, certifications and billing provider numbers. Sales of these businesses, including in a bankruptcy, triggers a number of change of ownership (CHOW) regulations from various state and federal agencies.
EDITOR’S NOTE: This interview has been edited for length and clarity.
Q: Jeremy, thank you so much for taking the time to talk to us. Just to get started, we wanted to ask about how you became a chief restructuring officer (CRO). What did your career path look like?
It is hard to believe how quickly 2022 has flown by. We wish you and your family a healthy, happy and prosperous new year filled, hopefully, with some international travels. The International Committee has indeed been busy; keep reading to hear all the amazing things we have been up to!!!
Separation Action Under Mexican Insolvency Law
Wed, 2017-11-15
This webinar will focus on the criminal bankruptcy fraud provisions of Title 28. The presentation will use examples from well-known bankruptcy fraud cases to illustrate how these laws play out in practice. The presentation will also touch on other criminal statutes (e.g., mail and wire fraud) that are frequently implicated in bankruptcy fraud cases.
Tue, 2017-11-14
This webinar will provide an overview of key provisions in, and frequent disputes regarding, bidding procedure orders and bidding procedures. The webinar will cover both a basic introduction to the topic, as well as a discussion on advanced hot issues and recent trends in this area of law.
Thu, 2017-10-19
Many insolvency professionals regularly encounter the rejection of real property leases under section 365 of the Bankruptcy Code, either through the representation of debtors, creditors, landlords, or tenants. Lease rejection issues have become more prevalent during the recent spate of retail bankruptcies, particularly due to the rise of online retail and the accompanying threat to traditional brick-and-mortar.
Thu, 2017-10-12
The CFPB enacted certain changes for 2017 and 2018 which bring about fundamental changes in the practice and daily life of consumers, servicers, trustees and bankruptcy practitioners. The new rules add additional forms and heightened requirements that will affect the daily practice of anyone involved in the mortgage and lending world.
Tue, 2017-09-12
This webinar is geared to attorneys participating as advocates in mediations. It is intended to provide guidance for attorney advocates on how to select mediators, prepare themselves and their clients for mediation, and how to formulate negotiating strategies for use in the mediation. This program will also include tips for ensuring the attorney advocate and the client have properly formulated a risk assessment and negotiating strategy in advance of the mediation, as well as tips for dealing with impasse.
Fri, 2017-09-08
The panelists for this webinar will discuss the various types of health care cases and the competing interests that arise from a number of perspectives, including debtor, creditor, and provider-side interests. The panel will provide an overview of the uniqueness of bankruptcy health care cases and identify proven strategies to assist practitioners to guide unsecured creditors through these difficult and often complex reorganizations.
Fri, 2017-09-08
The panelists for this webinar will discuss the various types of health care cases and the competing interests that arise from a number of perspectives, including debtor, creditor, and provider-side interests. The panel will provide an overview of the uniqueness of bankruptcy health care cases and identify proven strategies to assist practitioners to guide unsecured creditors through these difficult and often complex reorganizations.
Fri, 2017-06-16
Hear a stimulating, high energy discussion involving a debtor's attorney, a chapter 12 trustee and a bankruptcy judge sharing the special and surprising aspects of chapter 12. Learn tips to navigate the challenges and to evaluate this chapter choice. Topics covered will include farmer and fisherman bankruptcies, cramming down homes, long term amortizations, tax benefits, and eligibility requirements.
Tue, 2017-06-06
In Janvey v. Golf Channel, Inc., No. 13-11305 (5th Cir. Aug. 22, 2016), arising from the SEC enforcement action against Stanford International Bank, Ltd., pending in the U.S. District Court for the N.D. Tex., the U.S. Court of Appeals for the Fifth Circuit addressed the issue of whether trade creditors who fully perform in the ordinary course at market rates provide reasonably equivalent value to a Ponzi scheme, under the Bankruptcy Code and fraudulent transfer law in Texas (and beyond).
Tue, 2017-05-30
The Unsecured Trade Creditors Committee's May Tips of the Trade call featured Neil Steinkamp of Stout Risius Ross, LLC, who discussed the ordinary course of business defense in the context of preference analysis.