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Bankruptcy Panel Sought for Quebec Train Disaster Victims

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A judge should appoint a broad committee of victims of the recent deadly train explosion in Quebec to resolve a split among claimants in the railway operator's U.S. chapter 11 bankruptcy, according to a U.S. bankruptcy watchdog, Reuters reported yesterday. A flurry of lawsuits have been filed in the wake of the devastating blast in Lac-Megantic, and victims have clashed over the best way to press their claims against Montreal, Maine & Atlantic Railway Ltd. An MMA train loaded with crude oil derailed and exploded in the town on July 6, killing 47 and causing widespread property and environmental damage. A month later, the company filed for bankruptcy in Bangor, Maine. The U.S. Trustee, a Department of Justice official who oversees bankruptcy cases, asked the bankruptcy court to appoint a broad committee covering property owners, government entities and those killed or hurt. "No victim should be excluded from representation," he said in papers filed by William Harrington, the U.S. Trustee in Portland, Maine.

ABI Media Teleconference Examines Lessons Learned from Lehmans Chapter 11

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ABI Bankruptcy Brief | September 12, 2013


 


  

September 12, 2013

 

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  NEWS AND ANALYSIS   

ABI MEDIA TELECONFERENCE EXAMINES LESSONS LEARNED FROM LEHMAN’S CHAPTER 11

ABI held a media teleconference today looking at the Lehman chapter 11 filing, the lessons learned from it five years later and what the future holds for distressed large financial institutions. An audio archive of the teleconference will be posted soon on ABI.org, and its availability will be announced via social media (Twitter: twitter.abi.org; Facebook: facebook.abi.org). Key figures in the case who spoke on today's teleconference included:

- Bankruptcy Judge James Peck (S.D.N.Y.; New York) presided over the Lehman Brothers chapter 11 case.

- Harvey Miller of Weil, Gotshal & Manges LLP (New York) was the lead debtor attorney for Lehman Brothers.

- Dennis Dunne of Milbank, Tweed, Hadley & McCloy (New York) represented unsecured creditors in the Lehman case.

- Bryan Marsal of Alvarez and Marsal (New York) served as Lehman's Chief Executive Officer after it filed for chapter 11 until 2012.

- Chris Kiplock of Hughes Hubbard & Reed LLP (New York) worked with the team of attorneys representing trustee James W. Giddens in liquidating Lehman Brothers.

The moderator for the program was ABI Fall Resident Scholar Kara Bruce of Toledo University School of Law. Be sure to check ABI's feeds on Twitter or Facebook for the availability of the teleconference audio archive!

ANALYSIS: VOLCKER RULE TO CURB BANK TRADING PROVES HARD TO WRITE

Three years after first proposing that banks be prevented from making market bets with their own money, Paul Volcker's rule remains unfinished, the Wall Street Journal reported yesterday. The Volcker rule, a centerpiece of the sweeping overhaul of financial regulation known as Dodd-Frank, is an attempt to protect the financial system from risk. The rule looks to prohibit banks from making investment bets with their own money, but it has proved difficult to apply. Five years after cratering financial firms ignited a global crisis, and three years after Dodd-Frank outlined the Volcker rule as a central part of the government response, the rule languishes unfinished and unenforced, mired in policy tangles and infighting among five separate agencies whose job is to produce the fine print. Read more. (Subscription required.)

COMMENTARY: FIVE YEARS LATER, FINANCIAL LESSONS NOT LEARNED

Sunday marks the fifth anniversary of the fateful day that investment bank Lehman Brothers filed for bankruptcy, signaling the start of a frightening financial meltdown, but we are still missing some of the lessons drawn out by the crisis, according to a commentary in yesterday's Wall Street Journal by Prof. Alan Blinder of Princeton University. Years of disgraceful financial shenanigans in the 2000s, some illegal but many just immoral, brought on the Great Recession with virtually no help from any co-conspirators, according to Blinder. Congress and President Obama reacted comparatively weakly with the Dodd-Frank Act of 2010, which Blinder said certainly did not seek to remake the U.S. financial system. A supporter of Dodd-Frank, Blinder has found that the law now seems to be withering on the regulatory vine. Far from being tamed, the financial beast has gotten its mojo back, according to Blinder. Read the full commentary. (Subscription required.)

ANALYSIS: SEC TRIES TO REBUILD ITS REPUTATION

The Securities and Exchange Commission is ending its push to punish financial-crisis misconduct in the same way it started -- with a new chairman vowing that Wall Street's top cop will be tougher in the future, according to a Wall Street Journal analysis today. In 2009, at the depths of the recession, Mary Schapiro took the reins at the SEC, promising to "move aggressively to reinvigorate enforcement" at the agency. She created teams to target various types of alleged misconduct, including one focused on the complicated mortgage bonds that helped set off a global financial panic. The agency has filed civil charges against 138 firms and individuals for alleged misconduct just before or during the crisis, according to the analysis, and it received $2.7 billion in fines, repayment of ill-gotten gains and other penalties. But some of the SEC's highest-profile probes of top Wall Street executives have stalled and are being dropped. In April, former federal prosecutor Mary Jo White took the reins as SEC chairman with a simple enforcement motto: "You have to be tough." She tossed out the SEC enforcement policy that allowed almost all defendants to settle cases without admitting wrongdoing. In August, hedge-fund manager Philip Falcone became the first example of this new approach when he and his firm, Harbinger Capital Partners LLC, admitted to manipulating bond prices and improperly borrowing money from a fund. The policy shift comes as the SEC turns the page on its financial crisis work. New investigations into misconduct linked to the meltdown have slowed to a trickle, and a statute-of-limitations deadline is looming for many cases, which will generally restrict the sanctions that the SEC can enforce for misconduct that is more than five years old. Read more. (Subscription required.)

U.S. FORECLOSURE FILINGS DROP 34 PERCENT AS PROPERTY PRICES RISE

RealtyTrac issued a report showing that foreclosure filings fell 34 percent in the U.S. last month as first-time defaults dropped to the lowest level in almost eight years and rising home prices made it easier for distressed owners to sell, Bloomberg News reported today. Default, auction and repossession filings totaled 128,560 in August, with one in 1,019 U.S. households receiving a notice, the Irvine, Calif.-based data seller said today in a report. It was the 35th consecutive month in which total notices declined on an annual basis, with foreclosure starts plunging 44 percent, RealtyTrac said. Increasing buyer demand and climbing property values are helping some troubled borrowers refinance or sell rather than lose their homes to foreclosure. The S&P/Case-Shiller index of property values in 20 cities rose 12.1 percent in June from a year earlier. Last month, foreclosure starts totaled 55,775, the lowest level since December 2005, and fell on a year-over-year basis in 38 states, RealtyTrac said. Read more.

LATEST ABI PODCAST EXPLORES BANKRUPTCY'S CORPORATE TAX IMPLICATIONS

ABI Resident Scholar Prof. Kara Bruce speaks with Prof. Diane Lourdes Dick of Seattle University School of Law about how companies in chapter 11, such as Solyndra and WaMu, preserve valuable tax attributes through holding companies. Prof. Dick discusses her current research looking into how stakeholders of financially distressed firms exploit various loopholes in chapter 11 to transfer value outside of bankruptcy's distributional norms. Click here to listen to the podcast.

NEW ABILIVE WEBINAR OCT. 3: THE INTERSECTION OF INTELLECTUAL PROPERTY AND BANKRUPTCY: KODAK, NORTEL AND OTHER CASES

IP experts will shed light on the mysteries of understanding IP law and navigating the often puzzling sales processes, drawing from their experiences in Nortel, Kodak and other important cases, in an abiLIVE webinar on Oct. 3 from 1:00-2:15 p.m. ET. Speakers will include David Berten (Global IP Law Group, LLC; Chicago), Pauline K. Morgan (Young Conaway Stargatt & Taylor, LLP; Wilmington, Del.), Cassandra M. Porter (Lowenstein Sandler LLP; Roseland, N.J.), Kelly Beaudin Stapleton (Alvarez & Marsal; New York) and Christopher Burton Wick (Hahn Loeser & Parks LLP; Cleveland). To register, click here.

RECORDING AVAILABLE OF THE ABILIVE WEBINAR EXAMINING THE NEW U.S. TRUSTEE FEE GUIDELINES!

If you were not able to join ABI's recent well-attended abiLIVE webinar examining the U.S. Trustee Fee Guidelines for chapter 11 cases filed on or after Nov. 1, a recording of the program is now available for downloading! A panel of experts, including Clifford J. White, the director of the U.S. Trustee Program, discussed some of the ways the new guidelines could change day-to-day operations in firms, issues relating to the new market rate benchmarks, and how these changes might alter insolvency practice. The 90-minute recording is available for the special ABI member price of $75 and can be purchased here.

ABI GOLF TOUR UNDERWAY; LAST STOP FOR 2013 IS WINTER LEADERSHIP CONFERENCE IN DECEMBER

The 7th and final stop for the 2013 ABI Golf Tour is on Dec. 5 at the Trump National Golf Club, held in conjunction with ABI’s Winter Leadership Conference. Final scoring to win the Great American Cup — sponsored by Great American Group — is based on your top three scores from the seven ABI events. See the Tour page for details and course descriptions. The ABI Golf Tour combines networking with fun competition, as golfers "play their own ball." Including your handicap means everyone has an equal chance to compete for the glory of being crowned ABI's top golfer of 2013! A 22-handicapper won the tour event at July’s Southeast Bankruptcy Workshop. There's no charge to register or participate in the Tour.

ABI IN-DEPTH

NEW CASE SUMMARY ON VOLO: MORRIS AVIATION LLC V. DIAMOND AIRCRAFT INDUSTRIES INC. (6TH CIR.)

Summarized by Mike Debbeler of Graydon Head & Ritchey LLP

The Sixth Circuit ruled that the airplane manufacturer's opinion of the "quality and reliability" of components was not a fraudulent or negligent misrepresentation where the component manufacturer filed bankruptcy and voided warranties on components shortly after plaintiff purchased the airplane from the manufacturer. The airplane manufacturer's mere opinion as to component manufacturer's financial health did not form the basis of a misrepresentation claim.

There are more than 1,000 appellate opinions summarized on Volo, and summaries typically appear within 24 hours of the ruling. Click here regularly to view the latest case summaries on ABI’s Volo website.

NEW ON ABI’S BANKRUPTCY BLOG EXCHANGE: HOW HAS THE FINANCIAL SECTOR CHANGED SINCE THE LEHMAN FILING?

The Bankruptcy Blog Exchange is a free ABI service that tracks more than 80 bankruptcy-related blogs. A recent blog post explores how the financial sector has changed since the Lehman Brothers chapter 11 filing on Sept. 15, 2008.

Be sure to check the site several times each day; any time a contributing blog posts a new story, a link to the story will appear on the top. If you have a blog that deals with bankruptcy, or know of a good blog that should be part of the Bankruptcy Exchange, please contact the ABI Web team.

ABI Quick Poll

Success fees for financial advisors should be prohibited.

Click here to vote on this week's Quick Poll. Click here to view the results of previous Quick Polls.

INSOL INTERNATIONAL



INSOL International is a worldwide federation of national associations for accountants and lawyers who specialize in turnaround and insolvency. There are currently 43 member associations worldwide with more than 9,000 professionals participating as members of INSOL International. As a member association of INSOL, ABI's members receive a discounted subscription rate. See ABI's enrollment page for details.

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  CALENDAR OF EVENTS
 

2013

September

- Lawrence P. King and Charles Seligson Workshop on Bankruptcy & Business Reorganization

    Sept. 18-19, 2013 | New York

- abiLIVE Webinar: Complex Requirements and Ethical Duties of Representing Consumer Debtors

     Sept. 24, 2013

- Bankruptcy 2013: Views from the Bench

    Sept. 27, 2013 | Washington, D.C.

October

- abiLIVE Webinar: The Intersection of Intellectual Property and Bankruptcy: Kodak, Nortel and Other Cases

     Oct. 3, 2013

- Midwestern Bankruptcy Institute Program and Midwestern Consumer Forum

    Oct. 4, 2013 | Kansas City, Mo.

- Professional Development Program

    Oct. 11, 2013 | New York, N.Y.

- Chicago Consumer Bankruptcy Conference

    Oct. 14, 2013 | Chicago, Ill.

- International Insolvency & Restructuring Symposium

    Oct. 25, 2013 | Berlin, Germany


  


November

- Complex Financial Restructuring Program

   Nov. 7, 2013 | Philadelphia, Pa.

- Corporate Restructuring Competition

   Nov. 7-8, 2013 | Philadelphia, Pa.

- Austin Advanced Consumer Bankruptcy Practice Institute

   Nov. 10-12, 2013 | Austin, Texas

- Detroit Consumer Bankruptcy Conference

   Nov. 11, 2013 | Detroit, Mich.

- Delaware Views from the Bench

   Nov. 25, 2013 | Wilmington, Del.

December

- Winter Leadership Conference

    Dec. 5-7, 2013 | Rancho Palos Verdes, Calif.

- ABI/St. John’s Bankruptcy Mediation Training

    Dec. 8-12, 2013 | New York


 
 

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Creditors Seek to Block Bid for Personal Communications Devices LLC

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The unsecured creditors' committee of Personal Communications Devices LLC is asking a bankruptcy judge to toss the $105.3 million offer set to lead bidding at an auction for the wireless device supplier's assets, Dow Jones Daily Bankruptcy Review reported today. The offer's high value is "pure fiction," the committee said in court documents filed Friday, because only a small portion of it is cash, just enough to repay Personal Communications' $46 million bankruptcy loan and some transaction expenses. The rest of the value comes from assuming and refinancing two second-lien notes worth $25 million and $36.3 million respectively, the committee said.

Commentary Schwab Case Casts Spotlight on Securities Arbitration

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ABI Bankruptcy Brief | September 5, 2013


 


  

September 5, 2013

 

home  |  newsroom  |  chart of the day  |  blogs  |  bankruptcy code and rules  |  statistics  |  legislative news  |  volo
  NEWS AND ANALYSIS   

COMMENTARY: SCHWAB CASE CASTS SPOTLIGHT ON SECURITIES ARBITRATION AND ITS FLAWS

A skirmish between the Financial Industry Regulatory Authority (FINRA) and brokerage firm Charles Schwab & Company has brought unwelcome attention to the investor arbitration process and its flaws, according to a commentary in yesterday’s New York Times DealBook Blog. The dispute started in 2011, when Schwab added a clause to its customer agreement requiring customers not to pursue or participate in class-action suits against the company. This removed an option allowing groups of investors to sue a firm, established by the Supreme Court’s 1987 ruling in Shearson v. McMahon. FINRA objected, filing a disciplinary action against Schwab last year to force the removal of the clause, and a final resolution on the matter will be heard before an adjudicatory panel next Wednesday. But the dispute has roused state securities regulators, investor advocates, and Democratic members of Congress, all demanding that the clause be done away with, no matter how the ruling goes. One investor advocate, F. Paul Bland Jr. of Public Justice, says that "If Schwab succeeds, investor protection will be enormously damaged." Click here to read the full commentary.

COMMENTARY: YOUR CITY MIGHT BE THE NEXT DETROIT...BUT THAT’S NOT ALL BAD

Detroit’s bankruptcy has sent shivers through cities all around America. That is both understandable and may not be all bad, says Benjamin R. Barber, author of the forthcoming book If Mayors Ruled the World, in a commentary in yesterday’s Wall Street Journal. Detroit’s problems are shared by many cities. Barber says that "cities have become gargantuan unfunded mandates where much of the nation’s productivity, innovation and prosperity are generated without adequate support from the outside." He believes that federal government spending still skews towards rural areas, "even though cities represent over three quarters of the American population and the absolute electoral majority." But the problems that Detroit faces, though shared by other cities, are not insurmountable. Barber’s prescriptions:

  • Declining manufacturing base: Outsourcing of jobs is a national problem, Barber says, but "cities have proven more resilient than nations, finding ways to transition from the old to the new economy."
  • A redefinition of city limits: Maps conceived in the 19th century don’t reflect today’s realities, Barber notes. Detroit has lost two-thirds of its population, but the 10 surrounding counties have grown by more than 5.3 million, along with 2 million jobs.
  • Pensions: Many cities have bigger pension costs than Detroit’s, but the answer, Barber thinks, is for residents to shoulder more of the costs of services they enjoy, and to stop putting pension obligations behind obligations to bondholders.

"Detroit’s fate may in time be Miami’s, Atlanta’s and San Diego’s," Barber says. "But that’s fine." Cities face many challenges, but they are here to stay. After all, Barber notes, "London, Rome, Alexandria and Boston are much older than England, Italy, Egypt and the United States." Click here to read the full commentary (subscription required).

DETROIT DEFENDS CONTESTED SWAPS DEAL AS KEY TO CITY’S SURVIVAL

Detroit emergency manager Kevyn Orr has asked Steven Rhodes, the federal judge overseeing its bankruptcy case, to allow a swaps deal completed with Merrill Lynch and UBS AG just prior to the filing of their chapter 9 case, according to a report from Reuters yesterday. Creditors, led by bond insurer Syncora Guarantee have objected to the deal, which would give the city unfettered access to casino tax revenue, arguing that it favors the swap counterparties over other creditors and eliminates the possibility of including the revenue — some $180 million a year — as a potential source for paying Detroit’s obligations. In a sworn deposition, Orr’s top outside financial consultant, Kenneth Buckfire, said he believed the city was in a "life and death" predicament at the time the swaps deal went through. Read more.

A BANKING BANKRUPTCY THAT TAKES A DIFFERENT PATH

When bank holding companies file for bankruptcy — usually after the Federal Deposit Insurance Corporation has taken away its banking subsidiary — the only thing left to do is marshal any assets, including a typically large tax refund, pay out the results to creditors, and liquidate. But a small Wisconsin bank holding company, Anchor BanCorp Wisconsin, plans to use chapter 11 to recapitalize rather than liquidate, according to a story by Stephen Lubben in today’s New York Times DealBook blog. The company had received more than $100 million from the federal Troubled Asset Relief Program during the financial crisis, but it still faced the prospect of losing its bank. Filing for chapter 11 will allow it to pay off more than $180 million in debt owed to other banks for just $49 million. It will also allow the company to convert the United States Treasury’s preferred stock — received as part of the TARP bailout — into a small equity stake, worth about $6 million, the holding company. Most important, according to Lubben, "Anchor said it would cancel its existing shares and sell the remaining new equity to investors, leading to the recapitalization of the holding company." Although federal regulators still need to sign off on the plan, the bankruptcy judge has approved it. This speedy trip through bankruptcy, Lubben says, was the result of a prepackaged bankruptcy case that "included the creditors voting on the plan before the bankruptcy filing." It may well "provide another template for use of chapter 11 in connection with other financial institutions," Lubben concludes. Read more.

ANALYSIS: HOSPITALS, DEBT COLLECTORS RUSH TO CREATE STANDARDS FOR COLLECTING PATIENT DEBT

Facing pressure from both the Congress and the IRS that would severely limit the ability to collect patient medical debt, The Healthcare Financial Management Association (HFMA), which comprises hospital and other healthcare financial professionals, last December joined forces with ACA International, the leading organization of debt collection professionals, to develop guidelines for dealing with patient medical debt, according to a post yesterday on Forbes.com. The stated purpose of the task force guidelines "is intended to identify a standardized process for resolving the patient portion of medical bills that should be adhered to and to provide a framework for educating patients about the patient balance resolution process," according to the task force’s recommendations. The new guidelines outline a proposed timeline for payment of patient debts. Once a bill "drops," patients would have 120 days before a health-care company would take "extraordinary collection action." The guidelines also propose removing medical debt from credit reports within 45 days, a key component of the Medical Debt Responsibility Act currently before Congress. Click here to read the full analysis.

PROPOSED AMENDMENTS PUBLISHED FOR PUBLIC COMMENT

The Judicial Conference Advisory Committees on Bankruptcy and Civil Rules have proposed amendments to their respective rules and requested that the proposals be circulated to the bench, bar and public for comment. The following proposed amendments were approved for publication by the Judicial Conference Committee on Rules of Practice and Procedure in June 2013:

Preliminary Draft of Proposed Amendments to the Federal Rules of Bankruptcy and Civil Procedure: The public comment period is open for proposed amendments to Bankruptcy Rules 2002, 3002, 3007, 3012, 3015, 4003, 5005, 5009, 7001, 9006 and 9009; Official Forms 17A, 17B, 17C, 22A-1, 22A-1Supp, 22A-2, 22B, 22C-1, 22C-2, 101, 101A, 101B, 104, 105, 106Sum, 106A/B, 106C, 106D, 106E/F, 106G, 106H, 106Dec, 107, 112, 113, 119, 121, 318, 423 and 427; and Civil Rules 1, 4, 6, 16, 26, 30, 31, 33, 34, 36, 37, 55, 84 and Appendix of Forms. The public comment period closes on Feb. 15, 2014. Your comments are welcome on all aspects of each proposal. The advisory committees will review all timely comments, which are made part of the official record and are available to the public. Click here to read the proposed amendments and submit comments.

NEW ABILIVE WEBINAR OCT. 3: THE INTERSECTION OF INTELLECTUAL PROPERTY AND BANKRUPTCY: KODAK, NORTEL AND OTHER CASES

IP experts will shed light on the mysteries of understanding IP law and navigating the often puzzling sales processes, drawing from their experiences in Nortel, Kodak and other important cases, in an abiLIVE webinar on Oct. 3 from 1:00-2:15 p.m. ET. Speakers will include David Berten (Global IP Law Group, LLC; Chicago), Pauline K. Morgan (Young Conaway Stargatt & Taylor, LLP; Wilmington, Del.), Cassandra M. Porter (Lowenstein Sandler LLP; Roseland, N.J.), Kelly Beaudin Stapleton (Alvarez & Marsal; New York) and Christopher Burton Wick (Hahn Loeser & Parks LLP; Cleveland). To register, click here.

RECORDING NOW AVAILABLE OF THE ABILIVE WEBINAR EXAMINING THE NEW U.S. TRUSTEE FEE GUIDELINES!

If you were not able to join ABI's recent well-attended abiLIVE webinar examining the U.S. Trustee Fee Guidelines for chapter 11 cases filed on or after Nov. 1, a recording of the program is now available for downloading! A panel of experts, including Clifford J. White, the director of the U.S. Trustee Program, discussed some of the ways the new guidelines could change day-to-day operations in firms, issues relating to the new market rate benchmarks, and how these changes might alter insolvency practice. The 90-minute recording is available for the special ABI member price of $75 and can be purchased here.

ABI GOLF TOUR UNDERWAY; LAST STOP FOR 2013 IS WINTER LEADERSHIP CONFERENCE IN DECEMBER

The 7th and final stop for the 2013 ABI Golf Tour is on Dec. 5 at the Trump National Golf Club, held in conjunction with ABI’s Winter Leadership Conference. Final scoring to win the Great American Cup — sponsored by Great American Group — is based on your top three scores from the seven ABI events. See the Tour page for details and course descriptions. The ABI Golf Tour combines networking with fun competition, as golfers "play their own ball." Including your handicap means everyone has an equal chance to compete for the glory of being crowned ABI's top golfer of 2013! A 22-handicapper won the tour event at July’s Southeast Bankruptcy Workshop. There's no charge to register or participate in the Tour.

ABI IN-DEPTH

NEW CASE SUMMARY ON VOLO: DANIELSON V. FLORES (IN RE FLORES) (9TH CIR.)

Summarized by Kevin M. Baum of Katten Muchin Rosenman LLP

Affirming the Bankruptcy Court, the Ninth Circuit, sitting en banc, held that a Bankruptcy Court may confirm a chapter 13 plan of reorganization under § 1325(b)(1)(B) only if the plan’s duration is at least as long as the applicable commitment period under section 1325(b)(4), without regard to whether the debtor has positive, zero, or negative projected disposable income. In reaching its decision, the court expressly overruled the portion of its previous decision in Maney v. Kagenveama (In re Kagenveama), 541 F.3d 868, 875 (9th Cir. 2008) in which the Ninth Circuit had previously held that § 1325(b)(1)(B) does not impose a minimum duration for a Chapter 13 bankruptcy plan if the debtor has no "projected disposable income," as such term is defined in the Bankruptcy Code.

There are more than 1,000 appellate opinions summarized on Volo, and summaries typically appear within 24 hours of the ruling. Click here regularly to view the latest case summaries on ABI’s Volo website.

NEW ON ABI’S BANKRUPTCY BLOG EXCHANGE: COMING RULES COULD CUT OFF BANKS FROM AFFILIATES

The Bankruptcy Blog Exchange is a free ABI service that tracks 35 bankruptcy-related blogs. A recent blog post reported that Dance New Amsterdam, a financially troubled nonprofit dance education and performance center in New York, had staved off, at least temporarily, a shutdown by raising $50,000 it owed.

Be sure to check the site several times each day; any time a contributing blog posts a new story, a link to the story will appear on the top. If you have a blog that deals with bankruptcy, or know of a good blog that should be part of the Bankruptcy Exchange, please contact the ABI Web team.

ABI Quick Poll

Success fees for financial advisors should be prohibited.

Click here to vote on this week's Quick Poll. Click here to view the results of previous Quick Polls.

INSOL INTERNATIONAL



INSOL International is a worldwide federation of national associations for accountants and lawyers who specialize in turnaround and insolvency. There are currently 43 member associations worldwide with more than 9,000 professionals participating as members of INSOL International. As a member association of INSOL, ABI's members receive a discounted subscription rate. See ABI's enrollment page for details.

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  CALENDAR OF EVENTS
 

2013

September

- ABI Endowment Golf & Tennis Outing

    Sept. 10, 2013 | Maplewood, N.J.

- Lawrence P. King and Charles Seligson Workshop on Bankruptcy & Business Reorganization

    Sept. 18-19, 2013 | New York

- abiLIVE Webinar: Complex Requirements and Ethical Duties of Representing Consumer Debtors

     Sept. 24, 2013

- Bankruptcy 2013: Views from the Bench

    Sept. 27, 2013 | Washington, D.C.

October

- abiLIVE Webinar: The Intersection of Intellectual Property and Bankruptcy: Kodak, Nortel and Other Cases

     Oct. 3, 2013

- Midwestern Bankruptcy Institute Program and Midwestern Consumer Forum

    Oct. 4, 2013 | Kansas City, Mo.

- Professional Development Program

    Oct. 11, 2013 | New York, N.Y.

- Chicago Consumer Bankruptcy Conference

    Oct. 14, 2013 | Chicago, Ill.

- International Insolvency & Restructuring Symposium

    Oct. 25, 2013 | Berlin, Germany


  


November

- Complex Financial Restructuring Program

   Nov. 7, 2013 | Philadelphia, Pa.

- Corporate Restructuring Competition

   Nov. 7-8, 2013 | Philadelphia, Pa.

- Austin Advanced Consumer Bankruptcy Practice Institute

   Nov. 10-12, 2013 | Austin, Texas

- Detroit Consumer Bankruptcy Conference

   Nov. 11, 2013 | Detroit, Mich.

- Delaware Views from the Bench

   Nov. 25, 2013 | Wilmington, Del.

December

- Winter Leadership Conference

    Dec. 5-7, 2013 | Rancho Palos Verdes, Calif.

- ABI/St. John’s Bankruptcy Mediation Training

    Dec. 8-12, 2013 | New York


 
 

ABI BookstoreABI Endowment Fund ABI Endowment Fund
 


Current Former Union Officials among Nine Named to Detroit Bankruptcy Panel

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The nine-member committee that will represent city of Detroit retirees during the city's bankruptcy case includes former and current union officials, among others, Crain’s Detroit Business reported yesterday. Per a court filing on Thursday, the committee members include Ed McNeil, special assistant to the president of the American Federation of State, County and Municipal Employees Michigan Council 25; Wendy Fields-Jacobs, executive administrative assistant to the president of the United Auto Workers; Michael Karwoski, retired assistant corporation counsel for the city of Detroit; Shirley Lightsey, president of the Detroit Retired City Employees Association; Terri Renshaw, retired senior vice president and general council, Comerica Inc. and deputy corporation counsel for city of Detroit; Robert Shinske, treasurer of the Detroit Fire Fighters Association, Local 344; Donald Taylor, president of the Retired Detroit Police and Fire Fighters Association; Gail Wilson Turner, former deputy chief of police for Detroit; and Gail M. Wilson, vice president of human resources for the Detroit-based Legal Aid and Defender Association and formerly director of human resources for the 36th District Court in Detroit. The committee will represent 23,500 Detroit retirees in court and during negotiations.

Stockton Lawyer Says Plan Wont Interfere with Talks

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Representatives of Stockton, Calif., met with creditors and a mediator on Thursday in an effort to win support for a cramdown proposal it will file in court next month to cut its debt and exit bankruptcy, Bloomberg reported yesterday. By meeting with the mediator, Hon. Elizabeth Perris, the city could reach a deal with some creditors before the plan is submitted, Stockton’s attorney said. Should Stockton file a cramdown plan, it can still try to negotiate a settlement. Judge Perris is also part of a team assigned to mediate disputes between Detroit and its creditors. The case is In re Stockton, 12-bk-32118, U.S. Bankruptcy Court, Eastern District of California (Sacramento).

Judge to Consider Keeping Some of Detroits Financial Data Secret

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The city of Detroit may have to publicly disclose at least some of the financial information in its digital vault, which includes what the city's fiscal future could look like, Reuters reported yesterday. Hon. Steven Rhodes on Wednesday accepted an offer by Jones Day, the law firm handling the city's July 18 municipal filing, to go through about 7,000 pages of financial information in a digital "data room" in the next few days and identify which documents could be made public. Judge Rhodes said that on Aug. 28 he will entertain the city's argument to keep some of the data out of the public eye. The city, under state-appointed Emergency Manager Kevyn Orr, set up and provided the content for the password-protected data room and allowed access to creditors involved in the historic Detroit bankruptcy filing only if they signed a nondisclosure agreement.

Bankrupt California City Readies Debt Plan Despite Ongoing Creditor Negotiations

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Stockton, Calif., is preparing a plan for adjusting its debt that it will unveil in September even as negotiations with its creditors press on, Reuters reported yesterday. The cramdown plan would be filed despite objections by Stockton's creditors, notably bondholders led by bond insurers Assured Guaranty and National Public Finance Guarantee. Bondholders and insurers contest Stockton's different treatment of pension and debt payments — an issue that could eventually find its way to the U.S. Supreme Court. A majority of creditors and two thirds in amount of claims within each class of claims impaired under the plan must vote to approve it, and Hon. Christopher Klein will ultimately decide if it meets other bankruptcy law requirements to go into effect. In April, Judge Klein approved Stockton's petition for bankruptcy, a setback for its capital markets creditors, which had contested the city's bid for bankruptcy eligibility. They object to Stockton's payments into the state pension fund. Judge Klein has said that the issue of pension payments may be reviewed after Stockton files its plan to adjust its debt.

Milwaukee Archdioceses Creditors Want Ruling Halted Judge Off the Case

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The Archdiocese of Milwaukee's creditors want the federal judge in the church's bankruptcy case to set aside a key ruling and recuse himself over a potential conflict of interest — the fact that he has several relatives buried in Catholic cemeteries, the Milwaukee (Wis.) Journal Sentinel reported today. U.S. District Judge Rudolph T. Randa ruled in late July that forcing the archdiocese to tap the $50 million-plus it holds in a trust for the perpetual care of cemeteries would substantially burden its free expression of religion under the First Amendment and a 1993 federal law aimed at protecting religious liberty. In response, lawyers representing the archdiocese's creditors — primarily sex abuse victims — asked U.S. Bankruptcy Judge Susan V. Kelley to compel the release of any records showing whether Randa and his wife, Melinda, have purchased any plots or crypts in one of the archdiocese's cemeteries, or whether they have any interest as heirs or beneficiaries of several relatives known to be buried in them. Before Randa reversed her, Kelley had found that the First Amendment did not protect the cemeteries trust fund. In motions filed on Monday — one to set aside the ruling and the other asking Randa to recuse himself — the creditors said they "discovered that at least nine of Judge Randa's relatives (including his mother, his father and his wife's parents) are buried in cemeteries owned and operated by" the archdiocese.

Excel Maritime Creditors Ask Court to Terminate Exclusivity Period

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Unsecured creditors of drybulk shipper Excel Maritime Carriers Ltd. have asked a bankruptcy court to terminate the exclusivity period for the company’s reorganization plan, saying that the package benefited only secured lenders and controlling shareholders, Reuters reported yesterday. The committee representing the unsecured creditors said late last month that Excel’s bondholders were planning to file a rival reorganization plan. Excel will get $50 million of new capital and access to $30 million of restricted cash under the current reorganization plan between Excel and its senior lenders and an entity affiliated with the family of Chairman Gabriel Panayotides. In return, an entity affiliated with the Panayotides family will receive 60 percent of the company for $30 million and the lenders 40 percent. In exchange, the lenders will postpone the maturity of Excel’s $771 million senior secured facility to 2018. The committee says the company’s plan gives the controlling shareholders the exclusive right to buy back their shares at a price that is significantly less than the market value while leaving non-trade unsecured creditors a slim chance of recovery.