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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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Tax Reform for Restructuring Lawyers
[T]here are a number of provisions that restructuring lawyers should be aware of in the once-in-a-generation tax reform bill signed by President Trump on Dec. 22, 2017.
Ethical Use of Artificial Intelligence in the Legal Industry: The Rules of Professional Conduct
Although there is currently no case law guidance regarding the ethical use of AI in the legal industry, the Rules continue to guide lawyer conduct in an ever-changing technological environment.
A Different Sort of Tax Refund: The Ninth Circuit Allows Debtors in Possession to Recover Tax Payments to the IRS Under § 544(b)
In re DBSI Inc., offers new precedent that swings the balance back toward debtors and general unsecured creditors at the expense of the IRS.
Medical Lien Mgmt, Inc. v. Dampier
The debtor's debt for criminal restitution is not dischargeable under § 523(a)(7) where he had failed to preserve the argument that his former employers were not governmental units.
Pittner v. Castle Peak 2011-1 Loan Trust
Secured creditor was not in contempt of confirmation order and confirmed chapter 11 plan where the plan and order imposed no duty or requirement that the secured creditor could have violated.
Reinbold v. Thorpe (In re Thorpe)
Under the Illinois law, each spouse is vested with independent contingent interests in marital property when the divorce petition is filed.
Tension Within Chapter 11: Break-Up Fee Enforceability and In re Energy Future Holdings
Energy Future Holdings demonstrates the tradeoff underlying two important legal standards.
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