Clare Moylan is a co-founder of Gibbins Advisors in Nashville, Tenn. She is a health care professional with a broad base of experience that includes operations management, turnaround and restructuring, bankruptcy, strategic planning, business analysis, performance improvement consulting and litigation support. Ms.
ABI’s International Committee (IC) is actively soliciting nominations for its Second Annual ABI International Matter of the Year Award. The details are set forth below.
Nomination Deadline: September 8, 2023.
Each submission should address how the matter (the “Matter”) satisfies the following criteria:
As 2022 has come to a close, it is time for the Health Care Committee to look back on an eventful year (for both the committee and the health care restructuring space as a whole). Although 2022 marked the return of live ABI conferences, the trajectory of the health care industry (and thus the committee’s focus) was still linked to the COVID-19 pandemic and its aftereffects.
Businesses that operate a health care facility, provide health care services, or manufacture, distribute or sell health care products may have multiple operating licenses, certifications and billing provider numbers. Sales of these businesses, including in a bankruptcy, triggers a number of change of ownership (CHOW) regulations from various state and federal agencies.
EDITOR’S NOTE: This interview has been edited for length and clarity.
Q: Jeremy, thank you so much for taking the time to talk to us. Just to get started, we wanted to ask about how you became a chief restructuring officer (CRO). What did your career path look like?
It is hard to believe how quickly 2022 has flown by. We wish you and your family a healthy, happy and prosperous new year filled, hopefully, with some international travels. The International Committee has indeed been busy; keep reading to hear all the amazing things we have been up to!!!
On Friday, Aug. 7, 2020, President Muhammadu Buhari assented to the Companies and Allied Matters Bill, recently passed by the National Assembly of the Federal Republic of Nigeria.
Labor Issues in 363 Sales: Things You Need to Know
War and Peace: Recent Trends and Developments in Bankruptcy Litigation and Mediation
Public Securities and the Bankruptcy Plan Process: What Not to Do
Who Pays the Price for Health Care Insolvencies: the Consumer, the Vendors or the Public at Large?
People and Assets on the Move Overseas: What You Need to Know to Hold Everything Still and Seize the Assets
Beware of the Traps: Ethical and Fiduciary Issues for Committee Members and Professionals
Hospitality and the Tax Man: Historical Hospitality Tax Issues in Distress
Legal and Practical Issues Involving Secured Creditors and the Retention of Financial Advisors.
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.
The Asset Sales Committee hosted a conference call discussing the GM successor liability decision now on appeal in the Second Circuit. John Hutton (Greenberg Traurig LLP; Miami) and Henry Jaffe (Pepper Hamilton LLP; Wilmington) led a conference call discussing the issues raised and being briefed before the Second Circuit in the GM successor liability appeal.
