Two provisions of the Bankruptcy Code turn on the existence of a “bona fide dispute.” An involuntary petition may not be filed by an alleged creditor against the alleged debtor if the creditor’s claim is “the subject of a bona fide dispute as to liability or amount.”[1] A trustee may sell property free and clear of an interest that is
Committees
In Ritzen Grp. Inc. v. Jackson Masonry LLC,[1] the U.S. Supreme Court definitively established that an order denying a motion for relief from the automatic stay under Bankruptcy Code § 362(d) is a final order that may be — and must be — immediately appealed.
We are excited to report that the Bankruptcy Litigation Committee was very active in 2023, with 2024 looking just as good, if not better. The committee now has more than 1,100 members — over 200 more than we had just three years ago. It is its members that make this committee so vibrant, and we just wanted to say thank you to everyone who helped make 2023 great.
Heather Giannino and Hannah Hutman, co-chairs of ABI’s Consumer Bankruptcy Committee, thank all committee members for their participation this year.
The Ethics and Professional Compensation Committee had a tremendous 2023! We strived to continue to provide our members with enlightening and useful substantive information, while also offering enjoyable and valuable social and networking opportunities.
Greetings from the Mediation Committee! As 2023 has now drawn to a close, and we hope all of our members enjoyed a very happy holiday season! Here’s a report of committee events for the last quarter of 2023, and we hope to see all of you at the Annual Spring Meeting in 2024.
Over the past year, case law around privacy and data security has been evolving in crypto industry bankruptcies, as courts grapple with familiar issues in a new industry.
![Photo of Elias Marwan Yazbeck [1]](https://abi-org-corp.s3.amazonaws.com/committee/Authors/Elias_Yazbeck_0.jpg)
The Small Business Reorganization Act of 2019, also known as SBRA (Pub. L. No. 116-54), became effective on Feb. 19, 2020. This legislation allows a small business debtor to choose, during the filing process, to proceed under subchapter V within chapter 11.
Increasingly, consumer bankruptcy lawyers will be using AI in the future. It therefore is incumbent upon them to develop procedures and policies for its use and in billing for such services. Doing so will be a combination of art and science controlled by both ethical and practical considerations.
Season’s Greetings from the ABI International Committee leadership. It is hard to believe how quickly pumpkin spice and caramel apples have turned into peppermint mocha and eggnog. The weather is turning colder, and the holidays are quickly approaching. We hope that the end of 2023 brings you time with family and friends, and maybe even a little bit of international travel.
Mon, 2023-02-06
These overviews from ABI committee experts will arm you with vital information you can use in your practice well into the new year.
Wed, 2023-01-25
The ABI Health Care Committee hosted a panel on to discuss the state and future of the health care industry. Members of the Committee discussed the factors driving distress, including exhaustion of COVID-19 funds, labor shortages, increasing costs, increasing interest rates. The panel also highlighted how these sources of distress will likely lead to an increase in bankruptcies, remedies, and workouts in various health care sub-industries, such as senior living, hospitals, pharmaceuticals, and biotech.
Thu, 2023-01-19
Sponsored by ABI's Real Estate Committee, Keen-Summit Capital Partners LLC and Summit Investment Management LLC
Thu, 2023-01-19
Sponsored by ABI's International Committee. India has emerged as a leading insolvency jurisdiction since it enacted its new Insolvency and Bankruptcy Code (IBC) in late 2016. The IBC heralded a new insolvency process, enabling large corporations to reorganize and maximize value. In the six years since, more than 4000 cases have been filed and scores of important Indian companies have been successfully restructured.
Wed, 2023-01-11
These overviews from ABI committee experts will arm you with vital information you can use in your practice well into the new year.
Wed, 2023-01-11
These overviews from ABI committee experts will arm you with vital information you can use in your practice well into the new year.
Sat, 2022-12-10
This panel will delve into issues involving digital accounts, cryptocurrency and NFTs, including how to getsecured and perfected, how to liquidate, and bankruptcy-specific considerations. The panelists also will discuss UCC Article 12 and its impact on the digital-asset world for secured parties, and help practitioners better understand the considerations and issues they should be spotting when advising their constituents on dealing with digital assets.
Sat, 2022-12-10
This panel will discuss some of the more interesting aspects of the asset-recovery process as it relates to locating foreign assets (i.e., Russian yachts). The panelists also will focus on post-COVID-19 issues, including situations where banks were not monitoring collateral as closely as they should have been and are now having trouble locating said assets and selling them, particularly in international cases where the bankruptcy is abroad but the parties are seeking recognition in the U.S.
Fri, 2022-12-09
This panel will explore and discuss ethical issues that arise in consumer practice. The panelists will review recent cases and provide hypotheticals to invoke audience participation and discussion regarding topicsrelated to attorney fees, conflicts, and attorney/client privilege and confidentiality.
Fri, 2022-12-09
This panel will discuss mediation in mass-tort/multiparty cases such as Puerto Rico, Purdue, Boy Scouts andthe various religious institutions that have filed for bankruptcy. The panelists will highlight mediating tortclaims that have emotional and non-monetary components, such as sexual abuse; issues regarding nondebtor-related entity property and contributions; and liquidation concerns in a religious institutionbankruptcy.
