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At the conference, two sessions will be of particular interest to the committee.

As a colleague characterized it, the U.S.

In a 4-3 decision,[1] New York’s highest court rejected requests by a litigation trustee and derivative plaintiff (collectively, the “pla

It has been nearly two years since Bernie Madoff was arrested in his Manhattan home and criminally charged with a multi-billion dollar securities fraud scheme operated through the investment advisory unit of Bernard L. Madoff Investment Securities LLC (BLMIS). Madoff spent decades building the world’s largest Ponzi scheme, so what has been going on since the appointment of Irving Picard as liquidating trustee in December 2008? As one could imagine, quite a lot.

In a 4-3 decision,[1] New York’s highest court rejected requests by a litigation trustee and derivative plaintiff (collectively, the “pla

Have you encountered this situation? You represent a judgment creditor and, in the course of collecting a judgment, you discover that all of the judgment debtor’s assets are subject to a security interest in favor of the judgment debtor’s principal.

On June 3, 2008, Hon. John H. Squires (U.S. Bankruptcy Court; N.D. Ill.) entered his opinion in an adversary proceeding, Grochocinski v. Schlossberg et al. (In re Eckert) 388 B.R. 813 (Bankr. N.D. Ill.

It's not an uncommon scenario. A closely held corporation—let's call it Fishing Ventures Inc.—has more debt than the owners are able (or willing) to pay. The same or a very similar group of shareholders incorporates a new business—Go Fish Inc.—that engages in similar activities and uses the same officers and directors.

Recently, in In re Enron Corp., et al., v. Springfield Associates, L.L.C. et al., (In re Enron) 2007 WL 2446498 (S.D.N.Y.), (Springfield) the U.S. District Court for the Southern District of New York differentiated between traded claims, which can be the subject of equitable subordination actions, under 11 U.S.C.

The Appointment of an Examiner