Bankruptcy Process and Procedure

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Sep 2013

Benchnotes: FEB 2025

Feb 2025

Appealing Options: Strategic Considerations in Bankruptcy Appeals

Sept 2025

The Code, Deconstructed.

There are many "common" Code sections we often think we know what they say -- but in fact, we rarely look at what they "really" say. They are so common that their terms are often oversimplified. Examples that come to mind are relief from stay under 362(g), preferences under 547, and property of the estate under 541. Particularly in light of the textualist approach of the Sup Ct, it is helpful to take the time to focus on and read the actual words of these Code sections. I would suggest a series of panels "deconstructing" key Code sections. I have seen something similar recently in a state program about relief from stay under 362(d). The speakers broke down the statute into is very technical subparts. There were a lot of "I did not know that was what the statute really said" sort of moments. The audience was actively involved. This program (or "series" could work for business and consumer programs. Other Suggested Speakers David Cox david@coxlawgroup.com Cox Law Group, PLLC

Getting to Consent: Plan Classification, Voting and Negotiating Strategies Under Subchapter V

Review considerations for designing your classes of claims under a plan when you seek to have all impaired classes accepting the plan. Dealing with government creditor claimants (not inclined to vote). Dealing with other "national" creditors on small cases (where creditor counsel may not be involved). Strategies for encouraging voting and/or dealmaking. Understanding impairment (and when votes are not required). What is a "prompt" cure for purposes of impairment. Risks of artificial impairment. Getting to consent. A review of all of the creative chips that can be traded back-and-forth between creditors and debtor's counsel to negotiate consensual plan. Business David Cox david@coxlawgroup.com Cox Law Group, PLLC

State-Level Remedies in Cross-Border Cannabis Cases

This session will review the issues associated with the restructuring of cross-border cannabis entities through state-level remedies such as receiverships and assignments for the benefit of creditors. Relying on recent case studies, the panel will explore the impact of state-level regulatory regimes and other factors on the selection of remedy. Participants will leave the session with an understanding of (a) state-level remedies available to assist distressed cannabis companies and (b) how to evaluate the utility of each given the regulatory regimes in the jurisdictions where the company operates. Debtor Richard Williams rwilliams@brileyfin.com B. Riley Advisory Services

Is Waiver of Service an Option in Adversary Proceedings, Where Nationwide Service by Mail Is Allowed?

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.

Co-Chairs’ Corner

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.

It is time to amend Bankruptcy Rule 9031 to permit the appointment of special masters in bankruptcy.

Discussion of the compelling reasons why Bankruptcy Rule 9031 should be repealed or amended to allow for the appointment of special masters in bankruptcy cases and proceedings. Debtor Suggested Speakers Mark Conlan mconlan@gibbonslaw.com Gibbons P.C.