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In 2005, Congress enacted sweeping changes in the Bankruptcy Code in a law commonly known as BAPCPA (bap-SEE-puh). Most insolvency professionals recognize BAPCPA’s changes to consumer bankruptcy, such as the means test, modifications to the discharge exceptions and new limits on homestead exemptions. But BAPCPA affected business bankruptcy too, making chapter 12 permanent and creating the notion of a “small business case” in chapter 11. As BAPCPA turns 20, this panel reflects on its past two decades: what worked, what didn’t, and what might come next.
After spending many painstaking hours finalizing your client’s claims, you have just filed a new adversary proceeding in bankruptcy court. It is now time to serve the summons and complaint.[1] Hoping to avoid the hassle of identifying and mailing a copy to the defendant’s registered agent,[2] you ask the defendant’s counsel whether she is authorized to accept electronic service on her client’s behalf. If so, you plan to simply email a copy of the summons and complaint to counsel.
In Poland, the rules for the transfer of shares in a limited liability company (LLC) are specified in the Commercial Companies Code (CCC). According to Article 180 of the CCC, [1] the transfer of a share, or a fraction thereof, must be in writing with notarized signatures. The company agreement may contain additional restrictions on the transfer of shares, such as the need to obtain the company's consent to their sale or the introduction of a preemptive right for other shareholders.
The Bankruptcy Litigation Committee had an outstanding year in 2024 thanks to our amazing members. From writing articles to speaking to volunteering time, our members are some of the most engaged in ABI. Thank you for everything you do! Here is a quick look back at the highlights of 2024.
Fraud is an ever-present concern in bankruptcy cases, manifesting in various forms from False Claims Act violations to Ponzi schemes. This panel will provide practical tips and strategies for identifying, addressing and litigating fraud in the bankruptcy context.
The bankruptcy process requires the management of the bankruptcy estate’s bank accounts, client accounts and business records, in addition to the management and processing of claims, claim distributions, adequate assurance deposit accounts, asset recovery, and many other financial and legal demands. Each one of these is a point of business email compromise (BEC) vulnerability. BEC attacks are the most costly form of cyberfraud for all businesses. This session will focus on best practices to use to protect your clients and yourself from this pervasive fraud.
The panel of judges and scholars, moderated by ABI’s Bill Rochelle, will discuss the Supreme Court’s most recent bankruptcy decisions to identify trends and predict where the Court is going when it comes to bankruptcy law. Topics will include the erosion of the bankruptcy court’s equity power, nondebtor releases and equitable mootness.
It’s been six years since ABI released the Second Edition of ABI's Quick Evidence Handbook. Join us for a reunion of some of the handbook’s authors to discuss developments in evidence law, and how issues discussed in the handbook have played out in practice.
