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How Did the Puerto Rico Debt Crisis Happen?
As is often the case with public debt, there was no single reason why Puerto Rico ended up in a fiscal crisis.
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Are Bankruptcy Courts Sanctioned to Sanction?
U.S. bankruptcy judges are statutory creatures under the Constitution. Because they lack attributes of their Article III counterparts, there are always questions about the reach of their authority.
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.
What Happens in Mediation, Stays in Mediation... or Does It?
Complimentary ~ May 15 @ 2 PM
Tribune Creditors Seek Reconsideration on Implied Preemption by the ‘Safe Harbor’
Following a suggestion made by two Supreme Court justices, Tribune creditors ask the Second Circuit to recall the mandate and remand for reconsideration in district court.
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.
Debtor Successfully Claims an Exemption 19 Years after Discharge
Law v. Siegel allows exempting an asset that had not been scheduled.
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.
This Week in Insolvency - with Bill Rochelle
ABI Editor-at-Large Bill Rochelle examines what happens when maritime and bankruptcy jurisdiction collide in court. To subscribe to the Rochelle Daily Wire daily e-mail, please click here: https://ww
Supreme Court’s Second ‘Safe Harbor’ Case Is in Limbo
Two justices recommend that the Second Circuit reconsider the ‘Tribune’ safe harbor decision in light of Merit Management.
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.
Power Industry: What's Next?
Moderator Carlyn R. Taylor of FTI Consulting Inc. (Denver) previews the "Power Industry: What's Next?" session at #ABISpringMeeting. Click here to register: http://www.abiasm.org.
Know a Young Leader? Applications Available.
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.
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.
Forty-Hour Bankruptcy Mediation Program
New York City ~ December 9-13, 2018
Week in Review with Bill Rochelle
ABI's Bill Rochelle discusses two key opinions handed down from both the Supreme Court and the Second Circuit.
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.
Restructuring a Firm After Sexual Harassment/Discrimination Claims
Hon. Judith K. Fitzgerald (ret.) of Tucker Arensberg, P.C. (Pittsburgh) provides a preview of her panel, "Restructuring a Firm After Discrimination or Sexual Harassment Claims," at the 2018 Annual Spr
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.
Approaches to Fraudulent-Transfer Litigation Involving Bitcoins