ABI Journal

Selected content from the ABI Journal

  • Fees-on-Fees Retention Provisions Might Be Circling Back This Way

    Fees-on-Fees Retention Provisions Might Be Circling Back This Way

    On Sept. 20, 2017, for the first time post-ASARCO, a bankruptcy court approved a “fees-on-fees” retention provision for an estate professional.

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  • Music Festival Insolvencies: What Happens When the Music Stops?

    Music Festival Insolvencies: What Happens When the Music Stops?

    How hard could running a music festival be? What could go wrong? As it turns out, plenty. This article focuses on 4 recent festival bankruptcies as case studies.

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  • The Cryptocurrency Craze: How to Treat Bitcoins in Fraudulent Transfer Litigation

    The Cryptocurrency Craze: How to Treat Bitcoins in Fraudulent Transfer Litigation

    The rapid increase in the use and consumption of bitcoins is undeniable. Given the volatility of the bitcoin market, a large fluctuation bitcoin value could cause a surge in bitcoin-related filings.

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  • When Tax Claims Can Tip the Scales: Expanding the Look-Back Period on Fraudulent-Transfer Claims

    When Tax Claims Can Tip the Scales: Expanding the Look-Back Period on Fraudulent-Transfer Claims

    Idaho Bankruptcy Court recently ruled in In re CVAH Inc. that a trustee can “step into the shoes” of the IRS and utilize the transfer avoidance powers within both the FDCPA and the IRC.

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  • The Myth of the "Efficient Market": Restructuring Real Estate Mortgages

    The Myth of the "Efficient Market": Restructuring Real Estate Mortgages

    With the rise of retail bankruptcies, loss of rental income and anticipated increase in the national interest rate, the need for bankruptcy in the commercial real estate sector might increase.

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  • Third-Party Litigation Funding: Where Do We Go Now?

    Third-Party Litigation Funding: Where Do We Go Now?

    Third-party litigation funding, where monied investors will finance litigation for a percentage of the litigation recovery, is here to stay, despite numerous and developing challenges and concerns.

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  • A Dangerous Mix: Multiple Board Service and Insolvency

    A Dangerous Mix: Multiple Board Service and Insolvency

    Directors frequently serve on the boards of multiple entities within a single corporate family, but there could be risks if the parent corporation and one or more of its subsidiaries become insolvent.

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  • Life After Jevic: An End to Priority-Skipping Distributions?

    Life After Jevic: An End to Priority-Skipping Distributions?

    A number of recent bankruptcy court decisions have begun to extend the reach of the Supreme Court's decision in Czyzewski v. Jevic Holding Corp.

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  • Living in Borrowed Times: The Changing Context of Student Loan Discharge

    Living in Borrowed Times: The Changing Context of Student Loan Discharge

    Moral blameworthiness is why Congress first placed specific restrictions on discharging educational debt in 1976, but the context of student borrowing has since changed substantially.

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  • Emerging Issues: Residential PACE Loans and Bankruptcy

    Emerging Issues: Residential PACE Loans and Bankruptcy

    Property Assessed Clean Energy (PACE) loan programs nationwide attest to the desirability of energy efficiency improvements as a matter of public policy, but they are not without issues.

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  • Are Student Loans No Longer the "Third Rail" of Bankruptcy?

    Are Student Loans No Longer the "Third Rail" of Bankruptcy?

    Courts typically apply the Brunner test to determine "undue hardship" when faced with a debtor with student loan debt, yet two recent decisions seem to have softened the harshness of § 523(a)(8).

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  • Check Engine: Rules of the Road to Navigate Upcoming Auto Distress

    Check Engine: Rules of the Road to Navigate Upcoming Auto Distress

    The automotive industry faces an overhaul like nothing it has ever experienced. Short- and long-term challenges in the industry will likely result in a number of suppliers having to be restructured.

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  • Private Equity Has a Retail Problem

    Private Equity Has a Retail Problem

    Although 2017 was a solid year for private equity, PE-owned companies have accounted for an increasing share of large chapter 11 filings since early 2016, mostly due to more failed retail businesses.

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  • The Implications and Effects of Filings for Health Care Businesses

    The Implications and Effects of Filings for Health Care Businesses

    Professionals in health care restructurings need to ensure strong lines of communication with payers, regulators and licensing bodies for speedy resolution, or a business's value can deteriorate.

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  • Making Chapter 12 More Viable for Family Farmers

    Making Chapter 12 More Viable for Family Farmers

    Chapter 12 filing rates have been far below those of chapter 13 and chapter 11, even during periods of increased overall bankruptcy filings, suggesting that chapter 12 might be underutilized.

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  • Management Incentive Plans Under a Microscope

    Management Incentive Plans Under a Microscope

    Finding agreement on MIPs can be among the most daunting obstacles toward building consensus around a restructuring plan. This article provides a brief overview of the key elements of MIPs.

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  • Why Marijuana Assets May Not Be Administered in Bankruptcy

    Why Marijuana Assets May Not Be Administered in Bankruptcy

    The Executive Office for U.S. Trustees sounds off on what happens when marijuana businesses file for bankruptcy relief.

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  • Offshore Oil and Gas Leases: The Unanswered Question

    Offshore Oil and Gas Leases: The Unanswered Question

    If and when the next wave of oil-and-gas bankruptcies hits, more companies engaging in offshore exploration and production could be seeking bankruptcy protection.

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  • If Jevic Is Your Problem, Litigation Finance Might Be Your Solution

    If Jevic Is Your Problem, Litigation Finance Might Be Your Solution

    In Jevic, SCOTUS ruled that the distribution scheme in a dismissal order must follow the absolute priority rule. Litigation finance can help when there are insufficient assets to satisfy creditors.

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  • The Rest of the Story About the State of Brick-and-Mortar Retail

    The Rest of the Story About the State of Brick-and-Mortar Retail

    Retail bankruptcies are at a post-recession high. While the conventional wisdom is that online retailing is the culprit, this is only partly correct. This article offers a more in-depth analysis on th

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