by:
Melanie Sonnenborn
Law Clerk to the Hon. Mary D. France
U.S. Bankruptcy Court (M.D. Pa.); Harrisburg
Reaffirmation agreements are appearing more frequently on courts’ dockets because of changes implemented by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). This piece discusses the post-BAPCPA increase in the number of reaffirmation agreements being filed with the court, provides (from the perspective of chambers) basic guidance in completing these agreements and highlights some of the difficulties they can present to attorneys representing debtors.
Read the full article.
For this issue of the newsletter, we interviewed Mark M. Maloney, co-chair of the Bankruptcy Litigation Committee. He is a partner in the Atlanta office of King & Spalding and a graduate of the Washington and Lee University School of Law. Before he joined King & Spalding, Mr. Maloney served as law clerk to the Hon. Rhesa H. Barksdale of the U.S. Court of Appeals for the Fifth Circuit.
In this interview, Mr. Maloney told us about the committee's activities, getting involved and some exciting plans that the committee is making.
What is the focus of the Bankruptcy Litigation Committee?
The Bankruptcy Litigation Committee focuses on big surprise litigation. We are not constrained at all in terms of the substantive bankruptcy law topics, but we do try to stay focused on issues that are the subject of actual litigation in the bankruptcy courts. Our members have written and spoken recently on issues such as attorney client privilege issues in bankruptcy, litigating motions to appoint chapter 11 trustees, inadvertent email disclosures in bankruptcy litigation and litigating preference and avoidance actions, but any bankruptcy issue that could be the subject of litigation is fair game. We also focus on bankruptcy litigation skills and effective advocacy. Many of our members participate, as faculty or students, in ABI's annual Bankruptcy Litigation Skills Workshop in New Orleans.
Read the full interview.
by:
Ericka F. Johnson
Morris James LLP; Wilmington, Del.
A recent decision of the Bankruptcy Court for the District of Delaware (court) halted a proposed §363 sale, and this decision could significantly impact future bankruptcy sales of retail businesses holding inventory on consignment. In re Whitehall Jewelers Holdings Inc., 2008 WL 2951974 (Bankr. D. Del. July 28, 2008). Whitehall Jewelers is a nationwide specialty retailer of jewelry, operating 373 retail stores in 39 states as of June 23, 2008 (petition date). Whitehall Jewelers Holdings and its affiliated entities (debtors) had historically been engaged in selling jewelry and related products delivered to the debtors on consignment. The debtors experienced several years of financial difficulties and in April 2008 attempted to turn the company around with the purchase of Friedman's, a bankruptcy jewelry retailer. Unfortunately, these restructuring efforts were unsuccessful, and on June 23, 2008, Whitehall filed a petition for relief under chapter 11 of the Bankruptcy Code.
Read the full article.
Dr. Victor Ricciardi wrote two chapters titled "The Psychology of Risk: The Behavioral Finance Perspective" and "Risk: Traditional Finance vs. Behavioral Finance" for the Handbook of Finance, published in August 2008 by John Wiley & Sons. Dr. Frank J. Fabozzi of Yale University is the editor of this comprehensive three-volume set that covers various topics and developments in finance and investing.
Please share your important news with ABI's membership committee, including articles you have published, board and committee appointments and conferences at which you have spoken. You can direct your announcements to Tom Horan, Newsletter Editor (thoran@morrisjames.com).
The Young & New Member and Bankruptcy Litigation Committees will team up for a joint presentation on Friday, Dec. 5 at 3:45 p.m. titled "Electronic Discovery, Wall Street to Main Street: Management of Electronic Discovery Issues in Bankruptcy Litigation" at ABI's 20th Annual Winter Leadership Conference. The presenters include Hon. Christopher M. Klein of the U.S. Bankruptcy Court for the Eastern District of California; George R. Mesires of Barack Ferrazzano Kirschbaum & Nagelberg, LLP, Chicago; William C. Meyers of Goldberg Kohn Bell Black Rosenbloom & Moritz, Ltd., Chicago; Andrea B. Schwartz of Fulbright & Jaworski, LLP, New York and Evan Slavitt of AVX Corporation, Myrtle Beach, S.C. The Winter Leadership Conference will take place from Dec. 4-6, 2008, at the Westin La Paloma Resort & Spa in Tuscon, Ariz. We hope you will join us. Click here to register today!
