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ABI Journal

Business Reorganization

The Not-so-Certain Right of Intervention Under 11 U.S.C. § 1109(b)

Does an unsecured creditors’ committee have an unconditional right to intervene in an adversary proceeding related to a chapter 11 case? Courts are undecided — and just last year, the U.S. Bankruptcy Court for the Southern District of Florida widened the split.

Sixth Circuit Holds that “Chargeback Debt” Under Merchant Agreement Accrues at Time of Initial Transaction, Not at Time of Chargeback

A merchant agreement is a contract between a business, as merchant, and a financial institution governing the terms and conditions of electronic payment processing services provided by the financial institution to the business. The typical merchant agreement requires the business to pay service fees to the financial institution in exchange for the ability to accept electronic payments from its customers. When a customer makes an electronic payment to the business, the financial institution credits the business’s account.

Current Topics in Health Care Restructurings

This panel of experts will discuss emerging trends from recent restructurings and bankruptcies in the health care industry, with a special focus on hospitals and biotechnology companies.

Dealing with Digital Assets

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.

Examining Venue, Ethics and Bad-Faith Issues in 2020/2021 Bankruptcy Filings

Recent large bankruptcies like NRA, Boy Scouts of America, Roman Catholic Archdiocese, Purdue Pharma and J&J have invigorated debate over the longstanding issues of venue and bad faith in bankruptcy. This panel will explore matters surrounding venue and bad-faith filings, related ethics considerations, and the newest wave of reform initiatives.

Issues Impacting Unsecured Creditors in Crypto Bankruptcies

This panel will discuss the following issues regarding crypto, distinguishing customer property from property of the estate, understanding crypto valuation issues, distribution options in crypto cases, M&A risks and pitfalls, effectively using social media to communicate with a large customer base, juggling cash and crypto management, and debtor-on-debtor violence.

Look Ahead To 2023: Business Reorganization Committee

These overviews from ABI committee experts will arm you with vital information you can use in your practice well into the new year.

Co-Chair Corner: Year in Review (2022)

2022 has been a return to “normal” and a busy year for ABI’s Business Reorganization Committee. Committee members have taken advantage of the many benefits afforded to them, including the committee’s many newsletters and educational programs offered throughout the year, and have taken part in active discussions over the listserv regarding hot topics and industry trends. We have big plans for 2023, and we thank our committee members and leadership for their support and continued participation.