ABI's 26th Annual Spring Meeting,
the networking and CLE event of 2008, will be held April 3-6 at Washington, D.C.'s Renaissance Hotel in the Nation's Capital! Join us during cherry
blossom season for exciting and informative sessions, including a luncheon
keynote by Supreme Court Justice Samuel A. Alito, Jr.
The committee will meet jointly
with the Business Reorganization committee on Friday, April 4, from 4:00 to 5:30
p.m. to discuss, “363 Sales - How Free is Free & Clear? Does new case
law, fraud in the process or Loan to Own (or Loan to Buy) Deals, and other
recent trends Negate the Ability to Get a 363(m) Order and/or impact successor
liability exposure?”
Speakers include: Lawrence A. Katz, Venable LLP;
Vienna, Va.; Jo Ann J. Brighton,
Kennedy Covington Lobdell & Hickman, LLP; Charlotte, N.C.; Hon. Judith K. Fitzgerald, U.S.
Bankruptcy Court; Pittsburgh; and Kenneth
A. Rosen, Lowenstein Sandler PC; Roseland, N.J.
The most disinterested spectator cannot help but know that
there are major problems in the American housing market and major problems in
America’s largest banks. Stories about foreclosure rates, “sub-prime” mortgages
and billion-dollar “write-downs” stream constantly from our popular media
outlets. To pique the interest of those who normally turn off when they
encounter the cryptic language and Byzantine structures concocted by Wall
Street’s financial engineers (which, fortunately, seems to be much of the
population), these stories often focus on the sensational. Local reporters tell
shocking stories of excessive borrowing, underfunded borrowers and foreclosure.
In almost any major city, one can find working-class borrowers, who qualified
for half-million dollar “sub-prime” mortgages, now unable to afford their piece
of the American dream.
Read the full article.
Written by: Rick Rein
Schwartz Cooper Chartered; Chicago
The wrongdoer has absconded with millions of dollars. Bad news – your defendant is out of the country, you don’t know where or whether there are assets. In today’s global business environment, this situation is becoming increasingly common. As a result, you must learn how to assess the likelihood of recovery from foreign defendants or foreign assets and either (1) implement strategies to recover these assets or (2) explain to the client why a particular cause of action, however tantalizing, is really illusory and should be left alone. The tangled state of international jurisprudence makes this a challenge that can, however, be overcome.
Read the full article.
Written by: Jason Binford[1]
Haynes and Boone, LLP; Dallas
This article is the second in a series of articles discussing 363(n) and collusion in bankruptcy sales. It will discuss the fine line between collusion and collaboration, and will explore the application of the specific elements of a 363(n) action.
Read the full article.
Written by: David Leibowitz
Leibowitz Law Center; Waukegan, IL
Adrian Wright seemed to be a typical chapter 13 debtor. She filed her case, sought confirmation of her plan and life was moving along normally. Later on, Adrian stopped paying her payments to the chapter 13 trustee. So, as expected, the chapter 13 trustee moved to dismiss the case. But before the case actually got dismissed, Adrian’s attorney filed a motion to convert the case to a case under chapter 7, as was her absolute right.
Read the full article.
The Commercial Fraud Task Force Committee held a meeting at the ABI Winter Leadership Conference on Friday, Dec. 7, 2007. Co-chair Frank Monaco, introduced his fellow co-chairs, Jack Seward and Sheryl Toby. The meeting was well attended and followed by a joint presentation of the Commercial Fraud Task Force and Bankruptcy Litigation Committees.
Click here to read the Recap of the joint presentation on ABIworld.org
