Judge Rodriquez of the U.S. Bankruptcy Court for the Southern District of Texas issued an opinion in December 2024 which reinforced the axiom that actions have consequences.[1] In re Garcia Grain Trading Corp. v.
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Managing estate funds and distributions has always required care, diligence, and a strong understanding of fiduciary duties.[1] But over the past decade, the global landscape has shifted in ways that have made these responsibilities significantly more complex and time-consuming.
The financial analysis required in bankruptcy proceedings has always been time-consuming and demanding.[1] Over a decade ago, I led the forensic investigation of a complex Ponzi scheme bankruptcy. Audits had failed, and the books were thoroughly cooked.
The unique purpose and role of a special committee in Delaware corporate law has been exhaustively examined by courts.
Established methods of determining value include computing the present value of observable cash flows and inferring value from other observable valuations — otherwise known as “relative” valuation or “comparables.”[1] But when observable cash flows or comparable valuations are not available, a third approach is to value optionality.
Section 365(d) of the Bankruptcy Code draws a clear distinction between residential and nonresidential leases, and those distinctions can impact a debtor’s rights.
ABI’s Real Estate Committee started off its 2025 webinar series with a bang, interviewing Brandon Svec with CoStar Group for a Commercial Real Estate Economic Outlook. Stay tuned for announcements regarding the section’s additional webinars still to come this year.
Many courts have noted the unique role of the subchapter V trustee to facilitate the development of a consensual plan, somewhat akin to a mediator’s role, which is in contrast with the roles of other types of bankruptcy trustees that “tend to be adversarial to the debtor by virtue of their duties to protect the bankruptcy estate and its creditors.”
On July 1, 2022, Italy implemented a new legal mechanism aimed at preventing financial distress and corporate insolvency. This development represents a significant milestone in the broader reform of Italian insolvency law.
Wed, 2025-06-11
The first in a series of webinars focusing on insolvency topics across geographies, this session delves into issues and strategies affecting asset recovery. Hear from professionals active in countries across Latin America who will explain what legal, financial and logistical challenges they face in recovering assets, both domestically and across borders, and the tips and tools they use to overcome obstacles.
Sat, 2025-04-26
This panel provides an overview of some key issues, sectors and trends in real estate from a global and cross-border perspective by examining the status of asset class and related global/regional market conditions, issues confronting stakeholders and the legal tools they are using to manage and reposition assets, and predictions for the balance of 2025. Considerations for U.S. investors in non-U.S.-based real estate projects, as well as the perspectives of certain foreign investors or lenders to U.S. real estate-based projects, also is discussed.
Sat, 2025-04-26
This panel discusses the role of the subchapter V trustee, the parallels with mediation, and the meaning of "facilitating the development of a consensual plan."
Sat, 2025-04-26
This panel covers the intersection of artificial intelligence (AI) with bankruptcy, intellectual property law and secured transactions law. The panelists explore several questions that current law does not address or insufficiently addresses, such as: Who owns inventions created by AI? Do inventions created by the AI owned by a debtor company become property of a debtor company’s bankruptcy estate? Can a creditor obtain a security interest and perfect a security interest in the things AI creates?
Sat, 2025-04-26
This panel provides an in-depth, dynamic discussion on (1) forensic analyses employed to identify and untangle fraud and maximize recoveries; (2) standing to bring certain claims in fraud cases; (3) claims often pursued in Ponzi and other fraud cases, including aiding and abetting fraud, aiding and abetting breach of fiduciary duty, and conspiracy; (4) the Ponzi scheme presumption, clawback and defenses; and (5) in pari delicto and its applicability, along with other potential defenses.
Sat, 2025-04-26
This panel focuses on emerging tools that can be used in auctions and sale processes, including the use of social media and other technology.
Sat, 2025-04-26
This panel discusses ethical concerns relating to employing professionals in bankruptcy matters, including disclosure obligations under ethics rules, the Bankruptcy Code and U.S. Trustee guidelines.
Fri, 2025-04-25
This session explores the issues and implications of managing bankruptcy cases when key assumptions and expectations fail to materialize, and the exit path is no longer available. What happens then?
Fri, 2025-04-25
In 2005, Congress enacted sweeping changes in the Bankruptcy Code in a law commonly known as BAPCPA (bap-SEE-puh). Most insolvency professionals recognize BAPCPA’s changes to consumer bankruptcy, such as the means test, modifications to the discharge exceptions and new limits on homestead exemptions. But BAPCPA affected business bankruptcy too, making chapter 12 permanent and creating the notion of a “small business case” in chapter 11. As BAPCPA turns 20, this panel reflects on its past two decades: what worked, what didn’t, and what might come next.
Fri, 2025-04-25
This panel focuses on the critical role of strategic communications during large, high-profile bankruptcy cases. Using real-world examples, experts discuss the challenges of managing media narratives, stakeholder concerns and public perception in high-stakes scenarios. Topics include media relations, crisis communication strategies, and the importance of proactive storytelling to ensure a successful restructuring.
