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Section 363 allows a debtor to sell its assets free and clear of interests in such property. If a creditor has a significant claim on a debtor’s assets, a § 363 sale may allow a debtor to sell its assets at a higher price than it could outside of bankruptcy. When debtors attempted a § 363 sale of their assets in In re K & D Industrial Services, the U.S.
Published by the ABI Claims Trading Committee
In the Cayman Islands, as in other jurisdictions, those with an economic interest in the outcome of the restructuring or insolvency procedure will have an influence on the type of procedure used and the course of the restructuring or liquidation process.
Recently, the U.S.
This article addresses the requirements for vacating a judgment or order as void under Rule 60(b)(4) of the Federal Rules of Civil Procedure, including a review of the Supreme Court’s recent decision in United Student Aid Funds Inc. v. Espinosa, as it pertains to Rule 60(b)(4).
Fed. R. Civ. P. 60(b)(4)
Editor’s Note: The following article, “The Bankruptcy Code’s Disservice to Those Who Served” won the prize for third place in the 11th Annual ABI Bankruptcy Law Student Writing Competition. Mr. Jonathan S. Glover is a third year student at Stetson University College Of Law in Gulfport, Florida. Thank you to Jenner & Block for sponsoring this prize.
Every once in a great while, a group of people perform a voluntary service of hard and diligent effort that produces a result of excellence and provides great value to others. That is precisely what a small group of people did in creating model local rules and supporting commentary on bankruptcy mediation.
Mediation training has ventured into mindfulness, a contemplative practice that teaches mediators to develop a sense of calm. One benefit of this practice is evident when the energy in the mediation session is less than positive.
ABI’s Mediation Committee, under the current leadership of Leslie Berkoff and John Loughnane, presented the first “Portable Mediation Program” at Suffolk Law School in Boston on May 9, 2019. The program was designed by Lou Kornreich and John Loughnane as co-chairs of the committee’s Special Projects subcommittee.
