Subchapter V presents interesting challenges for landlords, including increased uncertainty regarding the timing of payments. Specifically, 11 U.S.C.
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Small business debtors and other stakeholders hoping for an extension of the increased ($7.5 million) debt-eligibility limit for subchapter V cases, which sunsetted on June 21, 2024, will need to wait until the fall. On a more encouraging note, in July Sen.
Many lawyers viewed chapter 11, which came into effect in 1979, as unsuccessful in the 1980s. Large firms had been mired in bankruptcy for years — three years, on average. The process was seen as expensive, inaccurate and subject to abuse.
District Court Judge Frank Geraci of the Western District of New York stirred the pot on what seemed like a settled chapter 11 issue by reversing the bankruptcy court and rejecting the majority view on the fate of official committees upon dismissal of a chapter 11 case.[1]
On Dec. 12, 2023, Hon. Michael E. Wiles of the U.S. Bankruptcy Court for the Southern District of New York (the “Chapter 15 Court”) denied a motion filed by creditor Sablon Partners Ltd. in the chapter 15 cases of Americanas S.A.
Litigation in bankruptcy can be highly contentious, and attorneys often believe that the normal rules in federal district court governing depositions do not apply to a Rule 2004 examination of a debtor. But do those attorneys have it wrong in an adversary proceeding or contested matter? Rule 2004 exams are not always as broad as interested parties hope.
In In re City of Detroit, Michigan, [1] the Michigan Department of Attorney General (the “Department”) found itself in hot water over its disclosure of certain confidential documents to defendants in their criminal cases arising out of the Flint water crisis (the “Flint Defendants”).
![Photo of Noel S. Melancon [1]](https://abi-org-corp.s3.amazonaws.com/committee/Authors/Noel_Melancon.jpg)
With the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) came numerous amendments to the U.S.
Getting paid in a consumer bankruptcy practice can feel like nighttime in Westeros: dark and full of terrors. [1]
Wed, 2023-02-08
On February 8, 2023, Evelyn Meltzer and Kyle Ortiz, co-chairs for the International Committee, co-hosted the 2023 Look Ahead with members of the Asset Sales Committee. Evelyn and Kyle discussed what the committee has been up to as well as future events and speaking and writing opportunities for committee members. Additionally, Evelyn and Kyle discussed hot topics in international insolvencies for 2023.
Wed, 2023-02-08
On February 8, 2023, Evelyn Meltzer and Kyle Ortiz, co-chairs for the International Committee, co-hosted the 2023 Look Ahead with members of the Asset Sales Committee. Evelyn and Kyle discussed what the committee has been up to as well as future events and speaking and writing opportunities for committee members. Click here to watch the video of this event.
Mon, 2023-02-06
These overviews from ABI committee experts will arm you with vital information you can use in your practice well into the new year.
Wed, 2023-01-25
The ABI Health Care Committee hosted a panel on to discuss the state and future of the health care industry. Members of the Committee discussed the factors driving distress, including exhaustion of COVID-19 funds, labor shortages, increasing costs, increasing interest rates. The panel also highlighted how these sources of distress will likely lead to an increase in bankruptcies, remedies, and workouts in various health care sub-industries, such as senior living, hospitals, pharmaceuticals, and biotech.
Thu, 2023-01-19
Sponsored by ABI's International Committee. India has emerged as a leading insolvency jurisdiction since it enacted its new Insolvency and Bankruptcy Code (IBC) in late 2016. The IBC heralded a new insolvency process, enabling large corporations to reorganize and maximize value. In the six years since, more than 4000 cases have been filed and scores of important Indian companies have been successfully restructured.
Thu, 2023-01-19
Sponsored by ABI's Real Estate Committee, Keen-Summit Capital Partners LLC and Summit Investment Management LLC
Wed, 2023-01-11
These overviews from ABI committee experts will arm you with vital information you can use in your practice well into the new year.
Wed, 2023-01-11
These overviews from ABI committee experts will arm you with vital information you can use in your practice well into the new year.
Sat, 2022-12-10
This panel will delve into issues involving digital accounts, cryptocurrency and NFTs, including how to getsecured and perfected, how to liquidate, and bankruptcy-specific considerations. The panelists also will discuss UCC Article 12 and its impact on the digital-asset world for secured parties, and help practitioners better understand the considerations and issues they should be spotting when advising their constituents on dealing with digital assets.
Sat, 2022-12-10
This panel will discuss some of the more interesting aspects of the asset-recovery process as it relates to locating foreign assets (i.e., Russian yachts). The panelists also will focus on post-COVID-19 issues, including situations where banks were not monitoring collateral as closely as they should have been and are now having trouble locating said assets and selling them, particularly in international cases where the bankruptcy is abroad but the parties are seeking recognition in the U.S.