ABI Blog Exchange

Glass Lewis Changes Its Say-on-Pay Analysis

For the past two proxy seasons, companies have criticized how proxy advisory services have selected company peer groups in order to evaluate “pay for performance” for purposes of making say-on-pay voting recommendations. Recently, Glass Lewis

Glass Lewis Changes Its Say-on-Pay Analysis

Transformation of Tort Claim into Different Type of Collateral Did Not Give Secured Creditor a Lien

Linor Shohet An October 2011 decision from the United States District Court for the Northern District of New York highlights the importance of correctly taking all of the steps necessary to obtain a security interest in commercial tort claims under

Transformation of Tort Claim into Different Type of Collateral Did Not Give Secured Creditor a Lien

Linor Shohet An October 2011 decision from the United States District Court for the Northern District of New York highlights the importance of correctly taking all of the steps necessary to obtain a security interest in commercial tort claims under

Supreme Court of Canada Hears Appeal of Re Indalex Limited

NORTH OF THE BORDER UPDATE This article has been contributed to the blog by Steven Golick and Patrick Riesterer. Steven Golick is a partner in the insolvency and restructuring group of Osler, Hoskin & Harcourt LLP, and Patrick Riesterer is an

Can I Be Sued by Debt Collectors Before Debt Has Been Verified?

Consumers who are skeptical about debt they are being sued for should have it verified before taking additional steps to get that debt resolved. Since creditors are known to sell debt accounts to collection agencies it is possible to find errors in

Auditors Are Asleep at the Switch on Banks' Risk Controls

Big banks' boards keep missing increased risk and poor internal controls. Their auditors, supposedly shareholders' first line of defense against poor financial disclosure, material misstatements and fraud, have been silent.

The Daily Docket: Tribune Wins Plan Approval

Tribune Co. won court approval of its Chapter 11 plan after a long and contentious bankruptcy proceeding, clearing the way to action before the Federal Communications Commission that will be anything but easy for the publishing and broadcasting

Name Your Tune

The Lord High Executioner OK, it’s summer. Our minds wander. We wish we were at the beach. So, fritter away some more time. How about picking out your firm’s theme song? If My Practice Had a Theme Song Clients, inattentive and ungrateful, have

Anticipating the Future of Corporate Governance at the Society’s National Conference

Cognitive bias leads to faulty decisionmaking, warned Vice Chancellor J. Travis Laster at the National Conference of the Society of Corporate Secretaries and Governance Professionals.

Anticipating the Future of Corporate Governance at the Society’s National Conference

Cognitive bias leads to faulty decisionmaking, warned Vice Chancellor J. Travis Laster at the National Conference of the Society of Corporate Secretaries and Governance Professionals.

How to Deal with your Debt Collectors

They’re scarier than slasher flicks and more mysterious than extraterrestrial life. They come through our phone lines, disembodied and humorless, carrying only daunting news about our finances. They’re debt collectors. But the best way to deal with

Anticipating the Future of Corporate Governance at the Society’s National Conference

Cognitive bias leads to faulty decisionmaking, warned Vice Chancellor J. Travis Laster at the National Conference of the Society of Corporate Secretaries and Governance Professionals. In his address, he used an example of a Delaware case to

Anticipating the Future of Corporate Governance at the Society’s National Conference

Can I keep a credit card out of my bankruptcy?

The Bankruptcy Code requires a debtor to list all creditors in his bankruptcy schedules. However, a “creditor” is typically defined as someone to whom the debtor owes money. Specifically, 11 U.S.C. § 101(10)(a) defines a creditor as an “entity that

Northstar Aerospace Files for Bankruptcy in Delaware Due to Negative Profits, Decreased Defense Spending and Lack of Funding

In June, Northstar Aerospace and various related entities (collectively, "Northstar") filed chapter 11 petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware. Northstar describes itself as a supplier of

Loan Modifications, Foreclosures and Strong Medicine

Two stories tell different sides of the US housing crisis. In Philadelphia, a struggling homeowner tells her story of a tortured loan modification nightmare: at one point it appears she is to be forced from her home because her payment was short

Lenny Dykstra: A Cautionary Tale of Fraud and Fear

Debtors have options when their assets exceed exemptions. They can file chapter 11 or chapter 13 and make a stream of payments to buy back their property’s surplus equity. They can file chapter 7 and negotiate a buyback from the trustee, or else just

The First American Bankruptcy Law; Playing the Get Out of Debtors’ Prison Free Card

Following along with our July 4 theme of freedom, a little history of bankruptcy law in the United States is appropriate. When the United States won its freedom from Brittan upon the conclusion of the revolutionary war in 1783, the new country

Adequate Protection

Adequate Protection is a new bankruptcy law blog brought to you by David Reeder. I am a bankruptcy lawyer and long-time student of bankruptcy law, procedure, practice, policy and history. I am based in Los Angeles, and am admitted to practice in