Co-Chairs Chris Hawkins and Michelle Bass thank all committee members for their support and participation this year. Despite the continuing challenges presented by COVID-19, we were able to maintain momentum in 2021 after a very productive 2020.
Committees
With more than 900 members, the Bankruptcy Litigation Committee remains one of the largest and most active of ABI’s committees. Here is a quick update on the committee’s work in 2021.
A recent Second Circuit decision has shed light on the framework of the “good faith” defense as it intersects with provisions of the Bankruptcy Code and the Securities Investor Protection Act (SIPA).
2021 has been an incredibly productive year for the Young and New Members Committee. The committee continued to produce high-quality newsletters and educational programs, while branching out and trying some new things, too. Below are some highlights.
Quarterly Newsletters
Can chapter 13 debtors deduct voluntary 401(k) contributions under § 541(b)(7)(A) when calculating disposable income? If so, can they plan for bankruptcy in good faith by making pre-petition 401(k) plan contributions to their 401(k) plans prior to filing to decrease their disposable income? The Sixth Circuit recently broke with dicta from Seafort v.
As the Young and New Members Committee, we (unsurprisingly) count many young and new members among our ranks. Many of our members may be new to practice or to the insolvency field, and/or new to ABI. It can be daunting to navigate a new role, new industry and new organization.
There are so many involved details and items turnaround professionals have to deal with when they are brought in to help reorganize a company. It is very tempting to fall into a false sense of security when you can just check off the “got it” box without delving into a detailed analysis of complicated issues.
On June 28, 2021, a bipartisan bill was presented in the U.S. House of Representatives to amend 28 U.S.C. § 1408, the bankruptcy venue statute. The Bankruptcy Venue Reform Act of 2021, H.R.
11 U.S.C. § 1183(b)(7) tells us that “[t]he trustee shall ...
Elementary school student Eric Theodore Cartman described his experience at Casa Bonita as “totally” worth making an entire town panic, losing all his friends and going to juvenile hall for a week in an episode of the TV show “South Park.” For more than four decades, Casa Bonita, located in Denver, has been an iconic Colorado “eatertainment” establishment offering dining and entertainment, incl
