It has been a productive year for the Commercial Fraud Committee. Our committee published two newsletters, containing six articles, and a third newsletter is currently in the works. A webinar is also planned for 2020. Here are a few highlights of our committee’s activities in 2019, as well as our upcoming plans for the new year:
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.
On June 3, 2019, the U.S. Supreme Court released a unanimous decision in Taggart v.
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.
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).
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?
Effective Oct. 1, 2019, the U.S. Bankruptcy Court for the Middle District of Florida has started its student loan management program (SLM).
On Aug. 26, 2019, the Family Farmer Relief Act of 2019 (Pub. L. No: 116-51) was signed into law, substantially increasing the debt limit for agricultural producers seeking to file for relief under chapter 12. The debt limit increase — from approximately $4.3 million to $10 million — will dramatically expand chapter 12 bankruptcy eligibility at a time of turmoil for the U.S.
![Photo of Jonathan D’Andrea[1]](https://abi-org-corp.s3.amazonaws.com/committee/Authors/DAndrea.png)
Through the reaffirmation process, debtors may voluntarily enter into agreements with creditors to repay otherwise-dischargeable debts.[2] However, when a dispute arises as to whether a party has performed its end of the bargain, the question becomes whether the terms of the original agreement or the reaffirmation agreement apply.
The Bankruptcy Code addresses competing claims of creditors against the assets of a debtor.
