Young And New Members Committee

Committees

Post date: Friday, February 23, 2024

The Bankruptcy Code, in its current form, anticipates the inclusion of intellectual property (IP) within the property of an estate.

Post date: Friday, February 23, 2024

How do you show that a legal entity acted with intent to defraud its creditors for purposes of an avoidance action asserted under Bankruptcy Code § 548(a)(1)(A)? After all, legal entities themselves cannot form an intent; they can only act through their officers, directors or agents.

Post date: Friday, February 23, 2024

Since its inception, subchapter V of chapter 11 has been lauded for providing a streamlined path through chapter 11 for smaller chapter 11 debtors without many of the costs associated with “traditional” chapter 11 cases.

Post date: Friday, February 23, 2024
Photo of Christina M. Sanfelippo
Christina M. Sanfelippo

As we near the end of 2023, we are pleased to step back and highlight the work performed by the Young and New Members Committee over the past year. We have loved working with our committee leaders and are truly grateful for their time and commitment to ABI.

Post date: Thursday, October 26, 2023

In the realm of digital finance, economics and behavior, a peculiar phenomenon has emerged — one that stirs emotions, challenges conventions, and sometimes leaves us questioning the sanity of it all. For far too long, it seems, emperors with no clothes have danced their deceptive jig before a diverse audience, from seasoned investors to hopeful novices.

Post date: Thursday, October 26, 2023
Photo of Richard DePiano III
Richard DePiano III

Intellectual property (IP) is a type of intangible asset held by businesses. It includes trademarks, patents, copyrights and more. Compared to tangible assets, identifying and calculating the value of intangible assets can be much more complex. When properly identified and valued, these assets help in creating or maintaining corporate value.

Post date: Thursday, October 26, 2023

When a deadline falls on a weekend or a holiday, Federal Rule of Civil Procedure 6 (and its analogues Federal Rule of Bankruptcy Procedure 9006 and Federal Rule of Appellate Procedure 26) does not apply if the deadline is not calculated. In other words, if the court order states the deadline as a specific date, that date is the deadline, and it does not matter if it falls on a holiday.

Post date: Monday, December 12, 2022
Photo of Thomas J. Salerno
Thomas J. Salerno

It’s like déjà vu all over again.”
— Yogi Berra

Post date: Friday, December 09, 2022

Part One of this two-part article reviewed custodially held crypto assets as part of the bankruptcy estate. This installment discusses intrinsic value as a proper valuation method for crypto assets held in exchange custody, factors to consider when calculating the intrinsic value of custodially held crypto assets, and risk-mitigation approaches to preserve asset value.

Post date: Friday, December 09, 2022
Photo of David R. Doyle
David R. Doyle

As we enter the final days of 2022, we are pleased to step back and highlight the work performed by the Young and New Members Committee over the past year. We have loved working with our committee leaders and are truly grateful for their time and commitment to ABI.

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Mon, 2023-04-24

This panel will focus on disputes regarding engagement as counsel and payment of fees. The panel will cover such issues as unbundling of services, bifurcated fee arrangements and conflicts of interest. The panelists also will discuss a number of ethical issues that have arisen in recent cases.

Wed, 2023-01-11

These overviews from ABI committee experts will arm you with vital information you can use in your practice well into the new year.

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?

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?

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.

Tue, 2017-05-30

This May edition of the ABI Bankruptcy Litigation Committee Newsletter focused on bankruptcy litigation issues in energy sector restructurings. The newsletter featured an article exploring assumption and rejection of oil and gas conveyances, and an article discussing CERCLA liabilities in energy-related cases . Following publication of this newsletter, both authors hosted a call to discuss the issues explored in their articles.Click here to review the articles. 

 

Sat, 2017-04-22

This session hosted by the Bankruptcy Litigation and Young and New Member Committees will focus on the limits of avoidance actions by bankruptcy trustees in Ponzi scheme cases, including arguments about the expansion of the look-back period to 10 years, trustee standing, clawbacks from noninvestor sources, in pari delicto and how trustees decide whom to sue.

Tue, 2016-11-29

The topic of the most recent Commercial Fraud Committee call, discussed the Uniform Voidable Transactions Act (UVTA), formerly named the Uniform Fraudulent Transfer Act (UFTA), which was amended (and retitled) in 2014 for the first time since its creation in 1984. According to the Uniform Law Commission, the amended Act, which strengthens creditor protections by providing remedies for certain transactions by a debtor that are unfair to the debtor’s creditors, addresses a small number of narrowly-defined issues and is not a comprehensive revision of the Act.

Tue, 2016-05-03

Crossing the Digital Divide: How to Use Social Media to Augment Your Practice

Wed, 2016-03-30

The Unsecured Trade Creditors' Committee's call discussed “gifting” and other recent developments regarding application of the absolute priority rule. In In re ICL Holding, the Third Circuit Court of Appeals recently held that “gifting” is permissible in section 363 sales. Conversely, in prior opinions, both the Second and Third Circuits have held that “gifting” is not permissible in the context of a chapter 11 plan.

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Ms. Bodie B. Colwell
Co-Chair
Preti Flaherty, LLP
Portland, ME
(207) 791-3000

Ms. Christina M. Sanfelippo
Co-Chair
Cozen O'Connor
Chicago, IL
(312) 474-4455

Mr. Jon Schlotterback
Communications Manager
Mayer Brown LLP
Charlotte, NC
(319) 202-8180

Mr. John T. Baxter
Education Director
Shackelford Bowen McKinley & Norton LLP
Nashville, TN
(615) 329-4440

Ms. Amber M. Carson
Education Director
Gray Reed
Dallas, TX
(469) 320-6199

Mrs. Letson Douglass Boots
Membership Relations Director
Bernstein Shur
Portland, ME
(207) 774-1200

Mrs. Christian A. Conway
Membership Relations Director
Neal and Leroy, LLC
Chicago, IL
(708) 250-8120

Ms. Joy D. Kleisinger
Newsletter Editor
Frost Brown Todd, LLC
Cincinnati, OH
(513) 651-6800

Mr. John Richard O'Connor
Newsletter Editor
Levenfeld Pearlstein LLC
Chicago, IL
(630) 308-2487

Ms. Gabrielle G. Palmer
Special Projects Leader
Onsager | Fletcher | Johnson | Palmer LLC
Denver, CO
(720) 457-7059

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