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ABI Journal

Young And New Members Committee

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When a Certified Public Accountant (CPA) steps into the role of a chapter 11 bankruptcy trustee for the first time, understanding the legal and financial landscape is essential.

Co-Chairs Corner

As we near the end of 2024, we are pleased to take a step back and highlight the work performed by the Young and New Members Committee over the past year. We have loved working with our committee leaders and are truly grateful for their time and commitment to the ABI.

Debtor-in-possession (DIP) financing is known as the supply of additional financing to financially distressed debtors undergoing insolvency procedures. This kind of loan has become an essential component of restructuring as rescue financing for debtors on the verge of cash shortages.

Transitioning from a junior bankruptcy associate to a mid-level bankruptcy associate can sometimes feel like climbing the staircases at Hogwarts: difficult and uneasy at first, but it eventually becomes second nature.

The Bankruptcy Code, in its current form, anticipates the inclusion of intellectual property (IP) within the property of an estate.

How do you show that a legal entity acted with intent to defraud its creditors for purposes of an avoidance action asserted under Bankruptcy Code § 548(a)(1)(A)? After all, legal entities themselves cannot form an intent; they can only act through their officers, directors or agents.

Since its inception, subchapter V of chapter 11 has been lauded for providing a streamlined path through chapter 11 for smaller chapter 11 debtors without many of the costs associated with “traditional” chapter 11 cases.

As we near the end of 2023, we are pleased to step back and highlight the work performed by the Young and New Members Committee over the past year. We have loved working with our committee leaders and are truly grateful for their time and commitment to ABI.

In the realm of digital finance, economics and behavior, a peculiar phenomenon has emerged — one that stirs emotions, challenges conventions, and sometimes leaves us questioning the sanity of it all. For far too long, it seems, emperors with no clothes have danced their deceptive jig before a diverse audience, from seasoned investors to hopeful novices.

This panel discusses ethical concerns relating to employing professionals in bankruptcy matters, including disclosure obligations under ethics rules, the Bankruptcy Code and U.S. Trustee guidelines.

Mentorship plays a pivotal role in fostering professional growth, nurturing talent and driving organizational success. From establishing meaningful mentor/mentee relationships to fostering a culture of continuous learning, this panel will explore practical approaches and best practices for harnessing the power of mentorship in the workplace.

This panel will consider and discuss practice points, deployment of technology, and ethical considerations for attorneys following the COVID-19 pandemic.

This panel will focus on disputes regarding engagement as counsel and payment of fees. The panel will cover such issues as unbundling of services, bifurcated fee arrangements and conflicts of interest. The panelists also will discuss a number of ethical issues that have arisen in recent cases.

These overviews from ABI committee experts will arm you with vital information you can use in your practice well into the new year.

1111(b) Wizardry

This panel will discuss the § 1111(b) election in modern times. It’s not the rule against perpetuities, but it’s also not as simple as your basic loan default. Do you know how to analyze whether making the election makes sense? Perhaps more importantly, do you know how to counsel your client through the process?

Section 506(c) and 552(b) waivers have become a staple in the pre-petition-lender-turned-DIP-lender toolbox. But what are the unsecured creditor’s tools for pushing back, and the arguments for why value that accrued post-petition might properly be reserved for junior creditors?

This session hosted by the Bankruptcy Litigation and Young and New Member Committees will focus on the limits of avoidance actions by bankruptcy trustees in Ponzi scheme cases, including arguments about the expansion of the look-back period to 10 years, trustee standing, clawbacks from noninvestor sources, in pari delicto and how trustees decide whom to sue.

Crossing the Digital Divide: How to Use Social Media to Augment Your Practice

The ABI Commission Report proposes some significant changes to the Bankruptcy Code, and the preferential transfer statute in Section 547 is no exception.This webinar explores the rationale behind the recommendations, such as the good faith belief for filing a demand letter or preference complaint, the increase in the statutory minimum to bring a preference action, and more.

Jack R. O'Connor

Jack R. O'Connor

Co-Chair

Chicago, IL

Levenfeld Pearlstein, LLC

(630) 308-2487

Gabrielle G. Palmer

Gabrielle G. Palmer

Co-Chair

Denver, CO

Onsager | Fletcher | Johnson | Palmer LLC

(720) 457-7059

Matthew R. Pierce Esq.

Matthew R. Pierce Esq.

Communications Manager

Wilmington, DE

Landis Rath & Cobb LLP

(302) 467-4400

Joy D. Kleisinger

Joy D. Kleisinger

Education Director

Cincinnati, OH

FBT Gibbons

(513) 651-6800

Megan Clontz

Megan Clontz

Membership Relations Director

Plano, TX

Ferguson Braswell Fraser Kubasta PC

(972) 378-9111

Tirzah R. Roussell

Tirzah R. Roussell

Membership Relations Director

Des Moines, IA

Dentons Davis Brown

(515) 246-7984

Amanda L. Haugland

Amanda L. Haugland

Newsletter Editor

Denver, CO

Davis Graham & Stubbs LLP

(303) 892-7312

Ciara L. Rogers

Ciara L. Rogers

Special Projects Leader

Raleigh, NC

Waldrep Wall Babcock & Bailey, PLLC

(984) 480-2005

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