What is an interested party? Consider these everyday scenarios: An unsupervised child encounters a take-one-piece-only Halloween bucket; a teacher administers a your-bonus-rides-on-these-results test; or a football team pays a doctor to conduct in-game concussion evaluations. These conflicts raise concerns about the ability of the conflicted party to be fair and impartial.
Committees
Corporate governance battles spill into bankruptcy courts and at times serve as the genesis for bankruptcy petition filings.
Throughout 2017 and continuing into 2018, the Young and New Members Committee (the “Y&NM Committee”) leadership produced a variety of helpful materials and programs, and continued to encourage new and young ABI members to become more active in the organization. Just some of those highlights are discussed below.
Conference Programs
Like their for-profit counterparts, nonprofit corporations face a variety of challenges throughout their corporate life cycles, some of which may lead an organization to pursue reorganization under chapter 11 of the Bankruptcy Code.[1] One of the issues that arises during a nonprofit’s reorganization is whether its board of directors m
The Bernie Madoff investment scandal unleashed a slew of lawsuits, and at first glance, SPV OSUS Ltd. v. UBS AG[1] may seem like just another drop in the bucket. However, this case is notable for its expression of the Second Circuit’s rather extraordinary view of “related to” bankruptcy jurisdiction.
[1]Fee applications are an inescapable aspect of bankruptcy practice.
The Seventh Circuit’s recent decision in Secure Leverage put to bed nearly five years of litigation on the question of what contracts are sufficiently “similar to” futures contracts under § 761(4) of the Bankruptcy Code to receive the highest priority of repayment in a commodity broker liquidation.[1] The court held that in or
Part I of this article identified several important issues that arise when crowdfunded companies file for bankruptcy. Among the most foreseeable dilemmas is that only a handful of crowdfunding backers would file a proof of claim, allowing equity-holders to recover an unduly high share of the debtor’s assets.
In April of 2017, the Consumer Financial Protection Bureau (CFPB) sued Ocwen Financial Corporation (Ocwen) and its affiliates for supposed systematic deficiencies in their mortgage servicing business.
Editor's note: Part I of this article was published in the July 2017 edition of the Young and New Members Committee newsletter, and can be found on the committee's website.
Mr. David R. Doyle
Co-Chair
Cozen O'Connor
Chicago, IL
(312) 474-1648
Co-Chair
Cozen O'Connor
Chicago, IL
(312) 474-1648
Ms. Christina Sanfelippo
Co-Chair
Cozen O'Connor
Chicago, IL
(312) 474-4455
Co-Chair
Cozen O'Connor
Chicago, IL
(312) 474-4455
Ms. Gabrielle G. Palmer
Communications Manager
Onsager | Fletcher | Johnson LLC
Denver, CO
(720) 457-7059
Communications Manager
Onsager | Fletcher | Johnson LLC
Denver, CO
(720) 457-7059
Mr. John T. Baxter
Education Director
Nelson Mullins Riley & Scarborough, LLP
Nashville, TN
(615) 664-5323
Education Director
Nelson Mullins Riley & Scarborough, LLP
Nashville, TN
(615) 664-5323
Ms. Bodie B. Colwell
Education Director
Preti Flaherty
Portland, ME
(207) 791-3245
Education Director
Preti Flaherty
Portland, ME
(207) 791-3245
Ms. Amber M. Carson
Membership Relations Director
Gray Reed & McGraw LLP
Dallas, TX
(214) 629-4025
Membership Relations Director
Gray Reed & McGraw LLP
Dallas, TX
(214) 629-4025
Mr. Christian A. Pereyda
Membership Relations Director
Maynard, Cooper & Gale, P.C.
Birmingham, AL
(205) 254-1854
Membership Relations Director
Maynard, Cooper & Gale, P.C.
Birmingham, AL
(205) 254-1854
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