Skip to main content
Help Center
banner

ABI Blog Exchange

article-exchange

Insolvency Service “reframes” view of creditor – IPs can apply their discretion (UK)

Read Article

Mediator Insights: Help

Never be afraid to ask your mediator for help. We all need a little help sometimes. To illustrate, let’s consider Audrey Wood’s Silly Sally, which is a children’s book written in rhyme. I’d like to share a few excerpts. “Silly Sally went to town

Mayer Mediation Minute: Use Your Listening Ears

Have you ever said to your kids “use your listening ears”? Just as it is important that our children use their listening ears at home and at school, so too is it important that we use our listening ears in mediation. As a mediator, I work hard to

Mayer Mediation Minute: Word Cues

As a mediator, I pay attention to word cues. You should too. As you interact with others, listen for the words they use. Not just what the words mean, but the words that are said. Subconsciously, we all offer cues on how we process information

Mayer Mediation Minute: Believe

As a mediator, I start every mediation believing that we will find a path to resolution. You should believe it too. Why is it important for the parties to believe? Because if you believe it is possible then it will be. Belief shapes our thoughts and

Mediator Insights: Just Ask

Mediation is a multilayered process including, among other things, sharing, learning, probing, and exploring. Sometimes, one or both parties get stuck. And sometimes the stuck party will say “they will never accept what I can offer.” Instead of

Decision of the German Court Causes Waves For Investors but is Welcomed by Creditors of Insolvent Companies

In September 2023, the insolvency administrator of the insolvent Wirecard AG began reclaiming dividend distributions for 2017 and 2018 from shareholders. This is following a judgment of the Federal Court of Justice (BGH) in March 2023 (BGH judgment

Mediator Insights: The Power of Flexible Thinking

In any dispute, there is often a wide disparity between what each side wants and what either side may realistically get. One of the critical components in bridging the resolution divide is flexible thinking. Flexible thinking means the ability to

The Enforcement of Non-Consensual Restructuring Plans in Spain on the Shareholders of Limited Liability Companies

The implementation, just over a year ago, of Directive (EU) 2019/1023 of the European Parliament and of the Council of 20 June 2019 on Preventive Restructuring Frameworks, has meant a real Copernican shift in Spanish insolvency law. In particular in

Student Loan Payments Are Restarting. Here’s What Borrowers Need to Know 10-19-2023

Student Loan Payments Are Restarting. See the below link for what Borrowers Need to Know https://edtrust.org/resource/student-loan-payments-are-restarting-heres… Jim Shenwick, Esq 917 363 3391 jshenwick@gmail.com Please

Our System Of Justice For Mass Tort Cases—Is This The Best We Can Do? (Barden v. Johnson & Johnson)

By: Donald L Swanson Here’s the latest on tort claims against Johnson & Johnson: a $223.8 million judgment against Johnson & Johnson ($37.3 compensatory + $186.5 punitive) in favor of four plaintiffs ( i.e., $55.95 million each) is . . . reversed

A Stellar Result for the Sellers of Comet Group Plc – UK Court of Appeal Unanimously Overturns £115m Preference Judgment

The Court of Appeal has unanimously overturned an unlawful preference ruling from the High Court, finding instead that the repayment of inter-company debt did not amount to a preference because, at the time the operative decision to make the

The Valuation Paradox

In the program Who Killed the Company? Tips and Trends in Claims and Defenses, Judge Marvin Isgur and his fellow panelists confronted issues such as in pari delicto, insurance coverage and waiver of fiduciary duties. However, one discussion led by

Cryptocurrency Brings Disruption to Bankruptcy Courts—What Parties Can Expect and the Open Issues Still To Be Resolved (Part Two)

In this second part of our blog exploring the various issues courts need to address in applying the Bankruptcy Code to cryptocurrency, we expand upon our roadmap. In part one, we addressed whether cryptocurrency constitutes property of the estate

What is the Mortgage Foreclosure Process in New Jersey?

The threat of looming foreclosure can be a scary thought for many New Jersey residents. It can be seen as an attack on your home or place of business – two of the things many people work incredibly hard to get and maintain. When faced with the

No Third-Party Releases?  But What About Fraudulent Transfer Claims and Derivative Claims? (Purdue Pharma)

By: Donald L Swanson In Purdue Pharma, the U.S. Supreme Court grants certiorari on this question: “Whether the Bankruptcy Code authorizes a court to approve, as part of a plan of reorganization under Chapter 11 of the Bankruptcy Code, a release that

Rite Aid files for bankruptcy amid slowing sales, opioid litigation

Rite Aid files for bankruptcy amid slowing sales, opioid litigation The story can be found at https://www.cnbc.com/2023/10/16/rite-aid-files-for-bankruptcy-amid-slow… Jim Shenwick, Esq 917 363 3391 jshenwick@gmail.com

Weekly News – October 13

Fifth Circuit finds ‘probable cause’ Click here to review the complaint Cliff White Speaks Up on Needed Bankruptcy Reform Recent Ethics Controversy Highlights Needed Bankruptcy Reforms By Clifford J. White III 1 The Chief Judge of the United States

NCBJ 2023: The View from Austin

The National Conference of Bankruptcy Judges came to Austin for its 2023 conference with the slogan Blues, Barbecue and Bankruptcy. Here are some images from the conference. Sheriff Ronnie King was the Master of Ceremonies for the Conference. Chief

Cliff White Speaks Up on Needed Bankruptcy Reforms

Recent Ethics Controversy Highlights Needed Bankruptcy Reforms By Clifford J. White III 1 The Chief Judge of the United States Court of Appeals for the Fifth Circuit filed a complaint last Friday against a noted bankruptcy judge that has created

Absolute Priority Rule And U.S. Supreme Court — A Refresher (Ahlers & 203 North LaSalle)

By: Donald L Swanson The absolute priority rule [Fn. 1] has been a problem for businesses in bankruptcy—for a very long time! The rule dates back to at least 1899, when the U.S. Supreme Court prevents certain shareholder actions “until the interests