First-day orders in U.S. chapter 11 proceedings deal with a wide range of pressing issues within a limited timeframe. Moreover, foreign recognition of first-day orders in cross-border insolvencies, particularly in Canada-U.S. ones, have been dealt with in a context of a high degree of mutual deference and collaboration between jurisdictions.
Committees
On May 3, 2017, the Financial Oversight and Management Board of Puerto Rico launched an unprecedented restructuring proceeding under Title III of the Puerto Rico Oversight, Management, and Economic Stability Act (“PROMESA” or the “Act”).
The U.S. Supreme Court recently weighed in on whether the filing of a proof of claim could give rise to a violation of the Fair Debt Collection Practices Act (FDCPA) if the statute of limitations on the underlying claim had expired.
For the uninitiated, “crowdfunding” is a form of fundraising in which many relatively small contributions are sourced from a “crowd” of “backers” to support a prospective goal, product or company. Crowdfunding transactions can be structured as donations, pre-orders, loans or even equity investments.
Elvis Presley once said, “Truth is like the sun. You can shut it out for a time but it ain’t going away.” As we all know, the legal system in the U.S. is predicated upon truth — the decisions of the fact-finder are based on the veracity of the evidence presented. In Ehrenberg v.
It has now been almost two years since Bankruptcy Judge Steven W. Rhodes (ret.) confirmed an adjustment plan for the city of Detroit, the largest chapter 9 case ever filed. According to ABI’s statistics, 11 “municipalities” have filed for chapter 9 protection since Jan.
While the Federal Rules of Bankruptcy Procedure (FRBP) mirror the Federal Rules of Civil Procedure, the two rule sets contain enough significant differences to require a lawyer appearing in bankruptcy court to do a little homework beforehand.
Fraudulent-transfer law is a crucial component of debtor/creditor relationships. In the bankruptcy context, fraudulent intent is an essential element for both a trustee’s clawback power through § 548(a)(1)(A) of the Bankruptcy Code[1] and for denial of a discharge through § 727(a)(2).
The Bankruptcy Code revisions in the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 included a requirement that a court appoint a consumer privacy ombudsman (CPO) in some cases involving the sale of personally identifiable information. This requirement has now been in effect for over 10 years, and the time is ripe to assess the CPO’s role in bankruptcy cases.
This article outlines the legislative framework behind and briefly describes the process of a bankruptcy proceeding,[1] the Canadian equivalent of a chapter 7 filing in the U.S.
Mr. David R. Doyle
Co-Chair
Cozen O'Connor
Chicago, IL
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Co-Chair
Cozen O'Connor
Chicago, IL
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Co-Chair
Cozen O'Connor
Chicago, IL
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Co-Chair
Cozen O'Connor
Chicago, IL
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Ms. Gabrielle G. Palmer
Communications Manager
Onsager | Fletcher | Johnson LLC
Denver, CO
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Communications Manager
Onsager | Fletcher | Johnson LLC
Denver, CO
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Mr. John T. Baxter
Education Director
Nelson Mullins Riley & Scarborough, LLP
Nashville, TN
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Education Director
Nelson Mullins Riley & Scarborough, LLP
Nashville, TN
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Education Director
Preti Flaherty
Portland, ME
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Preti Flaherty
Portland, ME
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Membership Relations Director
Gray Reed & McGraw LLP
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Membership Relations Director
Gray Reed & McGraw LLP
Dallas, TX
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Membership Relations Director
Maynard, Cooper & Gale, P.C.
Birmingham, AL
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Membership Relations Director
Maynard, Cooper & Gale, P.C.
Birmingham, AL
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Mr. John Richard O'Connor
Newsletter Editor
Sugar Felsenthal Grais & Helsinger LLP
Chicago, IL
(630) 308-2487
Newsletter Editor
Sugar Felsenthal Grais & Helsinger LLP
Chicago, IL
(630) 308-2487
Ms. Alexandra CC Schnapp
Newsletter Editor
U.S. Bankruptcy Court, Northern District of Georgia
Atlanta, GA
(404) 215-1005
Newsletter Editor
U.S. Bankruptcy Court, Northern District of Georgia
Atlanta, GA
(404) 215-1005
Mr. Joseph M. Esmont
Special Projects Leader
BakerHostetler
Cleveland, OH
(216) 861-7835
Special Projects Leader
BakerHostetler
Cleveland, OH
(216) 861-7835