Bankruptcy Litigation Committee

Committees

Post date: Wednesday, April 22, 2020

The Code requires the court to appoint a patient care ombudsman (PCO) in every case under chapters 7, 9 and 11 where the debtor is a health care business,[1] unless the court makes a finding that such an appointment is not necessary for the protection of patients.[2]

Post date: Wednesday, April 22, 2020

Two recent decisions involving health care companies demonstrate how reorganization under chapter 11 of the Bankruptcy Code[1] can be used to manage large liabilities.

Post date: Wednesday, April 22, 2020

The lifeblood for many hospitals is the prompt reimbursement by Medicare and Medicaid programs for services provided; this is particularly true for nonprofit providers.[1] As a result, the ability to compel reimbursement payments from the Centers for Medicare and Medicaid Services (CMS) or local and state Medicaid providers through the

Post date: Wednesday, April 22, 2020
Photo of David C. Johnson[1]
David C. Johnson[1]

The COVID-19 pandemic is straining already-troubled hospitals and other health care providers. Many will seek refuge in chapter 11, and bankruptcy courts nationwide will be called upon to adjudicate a host of issues, many time-sensitive, as health care providers struggle to provide services. Disputes regarding transferability of critical Medicare provider agreements are inevitable.

Post date: Wednesday, November 27, 2019

A petition for certiorari is presently pending with respect to the Sixth Circuit’s decision in In re Greektown Holdings LLC.[1] If granted, the U.S.

Post date: Wednesday, November 27, 2019

On June 3, 2019, the U.S. Supreme Court released a unanimous decision in Taggart v.

Post date: Wednesday, November 27, 2019

With more than 900 members, ABI’s Bankruptcy Litigation Committee remains one of the largest and most active of ABI’s committees. The committee, its leadership and its members were quite busy in 2019, so we wanted to take a moment to quickly update you about what we’ve been working on.

Post date: Wednesday, November 27, 2019
Photo of Christopher R. Thompson
Christopher R. Thompson

This November, the Supreme Court will hear oral argument in Ritzen Group Inv. v. Jackson Masonry LLC[1] and ultimately will determine whether a particular bankruptcy court order that denied a stay-relief motion is a final, immediately appealable order under 28 U.S.C. § 158(a)(1).

Post date: Wednesday, November 27, 2019
Photo of Anthony F. Pirraglia
Anthony F. Pirraglia

When the IRS pays a tax refund to the corporate group, it always issues that refund to the corporate parent — even if some or all of the losses are attributable to one of its subsidiaries. That raises an oft-litigated and highly significant question: Who owns the refund?

Post date: Tuesday, October 08, 2019

Since 2015, bankruptcy courts have seen a steady flow of oil and gas bankruptcies — totaling around $106.8 billion in aggregate debt[1] — with no slowdown in sight.[2] These cases bring along the complex transactions common in the industry, governed by differing state laws and

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Wed, 2015-10-07

The ABI Bankruptcy Litigation Committee recently published a newsletter with articles focusing on IP matters in bankruptcy litigation. Following publication of the newsletter, authors invited members to dial in for further discussion of the topic and articles.

Wed, 2015-07-01

The ABI Commission Report proposes some significant changes to the Bankruptcy Code, and the preferential transfer statute in Section 547 is no exception.This webinar explores the rationale behind the recommendations, such as the good faith belief for filing a demand letter or preference complaint, the increase in the statutory minimum to bring a preference action, and more.

Fri, 2015-04-17

Trustee Selection in Commercial Bankruptcy Cases: Who Wins the Battle to Control the Estate?

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Ms. Sara L. Abner, Esq.
Co-Chair
Frost Brown Todd LLC
Louisville, KY
(502) 779-8178

Mr. Jon Jay Lieberman
Co-Chair
Sottile & Barile, LLC
Loveland, OH
(859) 912-1659

Mrs. Shelby Kostolni
Communications Manager
Stinson LLP
Arlington, VA
(202) 728-3035

Mrs. Dana L. Robbins-Boehner
Education Director
Burr & Forman LLP
Tampa, FL
(813) 367-5760

Ms. Elizabeth Rogers
Membership Relations Director
Landis Rath & Cobb LLP
Wilmington, DE
(302) 467-4400

Mr. Mark A. Platt
Newsletter Editor
Frost Brown Todd LLC
Dallas, TX
(214) 580-5852

Ms. Jennifer A. Christian
Special Projects Leader
ASK LLP
New York, NY
(212) 528-0156

Ms. Isley Markman Gostin
Special Projects Leader
WilmerHale
Washington, DC
(202) 663-6551

Ms. Rene Kuperman
Special Projects Leader
Robinson & Cole LLP
New York, NY
(786) 520-8074

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