Under § 506(a)(1) of the Bankruptcy Code, a secured creditor’s claim is secured only to the extent of the collateral’s value. Any amount over that value is bifurcated into a separate unsecured claim [1].
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We are closing to books on an eventful 2023 and looking forward to a busy 2024. Between the travails of FTX and the numerous lesser frauds, the expertise of our members is in constant demand. This coming year, we plan to host webinars and committee video calls, which will resemble webinars but will be interactive.
The Supreme Court may have expanded the types of debts that are exempt from discharge under § 523 of the Code. In Bartenwerfer v. Buckley [1], the Court held that § 523 bars the discharge of a debt arising from fraud committed by the debtor’s business partner.
We can hardly believe that 2023 is coming to an end.
Due process is a fundamental right, reiterated in the foundational documents of the U.S. [2] All lawyers are taught and tested on the requirements of due process, both in a procedural and substantive context.
On April 17, 2023, the Fifth Circuit issued a decision that demonstrated considerable deference to the bankruptcy court’s determination that a senior lender affiliated with the debtor remained a “good faith purchaser” when submitting a credit bid to purchase the debtor’s real property. [2]
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.
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.
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.
With the U.S. Trustee Program announcing that § 341 meetings for all chapter 7 and 13 cases will be heading to Zoom, there is no turning back now. Most routine consumer bankruptcy cases can now be completed without the debtor ever leaving home.
Tue, 2017-06-06
In Janvey v. Golf Channel, Inc., No. 13-11305 (5th Cir. Aug. 22, 2016), arising from the SEC enforcement action against Stanford International Bank, Ltd., pending in the U.S. District Court for the N.D. Tex., the U.S. Court of Appeals for the Fifth Circuit addressed the issue of whether trade creditors who fully perform in the ordinary course at market rates provide reasonably equivalent value to a Ponzi scheme, under the Bankruptcy Code and fraudulent transfer law in Texas (and beyond).
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.
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.
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.
Sat, 2017-04-22
This panel hosted by Ethics & Professional Compensation and Technology & Intellectual Property Committees will navigate the use and impact of the media in any bankruptcy case can pose challenging ethical dilemmas that are only exacerbated in highprofile cases. The panelists will explore these issues and share some of their personal insights and stories.
Sat, 2017-04-22
This panel hosted by the Ethics & Professional Compensation and Technology & Intellectual Property Committees will navigate the use and impact of the media in any bankruptcy case can pose challenging ethical dilemmas that are only exacerbated in highprofile cases. The panelists will explore these issues and share some of their personal insights and stories."
Sat, 2017-04-22
This panel hosted by the Asset Sales and Health Care Committees will discuss the Top 10 Issues to Be Aware of When Buying a Health Care Business, and How to Plan for the Inevitable Surprises.
Sat, 2017-04-22
This panel hosted by the Asset Sales and Health Care Committees will discuss the Top 10 Issues to Be Aware of When Buying a Health Care Business, and How to Plan for the Inevitable Surprises.
