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Skill and Will: Talent Is Key to the Turnaround of Distressed Municipalities
How will changing a government's compensation and benefits approach more efficiently utilize taxpayer resou...
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Most Recent Articles
Circuit Split: Is a Deposit into a Debtor’s Bank Account a “Transfer” Under § 101(54)?
[...]Is a deposit or wire transfer into a debtor’s bank account a “transfer” within the meaning of § 101(54)? The legislative history behind § 101(54) suggests that the answer is “Yes.”
In re Haler
Oral statement that company was in "very fine legally [sic] financial shape" & had "plenty of cash to operate" is within exception under 523(a)(2)(A) so the debt was dischargeable. Judgement reversed.
Kramer v. Mahia
The 2d Circuit Court of Appeals affirmed the district court’s judgment, finding that five of the appellant’s arguments were meritless for the same reasons stated in the district court's order.
Hanjin Sends Emergency S.O.S: Provisional Relief in § 1519(a) of the U.S. Bankruptcy Code
International companies are increasingly using chapter 15 of the U.S. Bankruptcy Code to implement cross-border restructurings.
New Publication: Consumer Bankruptcy (4th Edition)
ABI's essential guide to all aspects of consumer bankruptcy practice, updated with relevant case references and recent court decisions. Available for purchase at store.abi.org.
Millennium: At the Intersection of Stern v. Marshall and Third-Party Releases
The issue of nonconsensual third-party releases in chapter 11 plans continues to generate litigation.
Committees Have an Unconditional Right to Intervene — Subject to Certain Caveats
The Financial Management decision can be used as a tool for committees and other parties-in-interest seeking intervention.
Evans v. Otimo: Revisiting Issue Preclusion in the Second Circuit
Creditors contemplating discharge proceeding pursuant to § 523(a)(2)(A)’s fraud provision should be mindful of several potential pitfalls before assuming prior state judgment applies.
Liquidating Liquor Licenses in Bankruptcy
When restaurants and bars fail, liquor licenses are frequently the only remaining valuable asset - and can be worth a lot of money.
Labor Considerations in Higher Education Restructurings
In 2016, 763 higher education institutions closed - what are some of the reasons, and what can schools do to avoid the same fate?
New Publication: A Business Creditor's Guide to Distressed Vendors, Debt Collection and Bankruptcy
New guide offers insight into why businesses fail, the FDCPA, relevant chapters of the Bankruptcy Code and much more. Available for purchase at store.abi.org.
Third Circuit Joins Other Circuits in Holding WARN Act Exception’s Standard Is “Probable,” not “Possible”
Russian bank's involvement in Eclipse Aviation case leads court to adopt a new standard that "strikes an appropriate balance" in WARN Act protection cases.
VOLO: Khan v. Xenon Health, LLC
Khan withdrew his proof of claim so he is not a party in interest and has no standing to object to Xenon Health’s proof of claim.
The Puerto Rico “Bankruptcy”: A Cheat Sheet
Title III and PROMESA proceedings in Puerto Rico will shape future municipal restructurings.
Courts Split Over Interpretation of CIMLA Provisions Regarding Suppliers’ Maritime Liens Against Vessels
Courts split over maritime liens regarding deliver of necessary supplies: factual inquiry and contractual obligation.
Circuit Court Split: The One-Day-Late Rule and Dischargeability of Tax Debt
Section 727(b) of the Bankruptcy Code provides for the discharge of debts that arose prior to the petition date.
Canadian Recognition of U.S. Bankruptcy Proceedings: Not Always a Rubber Stamp for First-Day Orders
Moreover, foreign recognition of first-day orders in cross-border insolvencies, particularly in Canada-U.S. ones, have been dealt with in a context of a high degree of mutual deference and collaborati
Beyond Midland Funding v. Johnson: Calculating Limitations on Proofs of Claims - Part 1
The U.S. Supreme Court recently weighed in on whether the filing of a proof of claim could give rise to a violation of the Fair Debt Collection Practices Act (FDCPA).
Treatment of HIPAA-Protected Information in Bankruptcy Acquisitions of Distressed Health Care Companies
By making previously undesirable and worthless companies valuable, the Bankruptcy Code maximizes value, maintains the distressed business as a going concern, and produces recoveries to creditors where
Beyond Midland Funding v. Johnson: Calculating Limitations on Proofs of Claims – Part 2