Business Reorganization

Supreme Court Jan 13, 2023

Supreme Court to Hear Two More Bankruptcy Cases This Term

The high court will decide whether a real estate tax foreclosure can violate the Takings Clause and whether Section 106 abrogates sovereign immunity as to Native American tribes.

Inside ABI January 2023

Event Roundup International Committee Hosts Cross-Border Program in New York Nearly 100 attended ABI’s Cross-Border Insolvency Program on Nov. 14, held at Blank Rome LLP’s Conference Center in Manhattan. ABI’s International Committee presented this year’s conference

Legislative Highlights January 2023

FTX Collapse Draws Indictment of Fraud Against Former CEO by U.S. Prosecutors, Ire of Congress A federal grand jury in Manhattan returned an indictment on Dec. 13 charging FTX founder and former CEO Samuel Bankman-Fried with conspiracy to commit wire fraud, wire fraud

Like Willful Violations, Technical Stay Violations Are Void, Not Just Voidable

California bankruptcy judge doubts the Ninth Circuit will adopt the BAP’s dicta by holding that technical stay violations are only voidable, not void.

10 Lessons from 40 Years of Service

10 Lessons from 40 Years of Service By Clifford J. White III 1 I had the privilege of leading the U.S. Trustee Program (USTP), known as the “watchdog” of the bankruptcy system, for 17 years. In March 2022, I retired after more than 40 years in public service, almost all

10th Circuit Nov 23, 2022

The Bankruptcy Code Doesn’t Invalidate Transfer Restrictions in an Operating Agreement

The transfer restrictions in an LLC’s operating agreement are enforceable in a bankruptcy sale, the Tenth Circuit BAP says.