Business Reorganization

9th Circuit Nov 21, 2023

Ninth Circuit: State Law Can’t Require More than What Rule 3001 Requires for Claim Validity

Reversing the BAP, the Ninth Circuit (erroneously) holds that state law cannot demand more documentation for a proof of claim than Bankruptcy Rule 3001 requires for prima facie validity.

Benchnotes January 2024

Benchnotes By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo BAPCPA Did Not Abrogate Absolute-Priority Rule in Chapter 11 Cases Hon. Peter D. Russin of the U.S. Bankruptcy Court for the Southern District of Florida recently ruled that the absolute-priority

Is an Option an Executory Contract or Not?

When there is a recorded option to purchase real estate, Prof. Westbrook would have analyzed the specific performance rights of the holder of the option under state law, not the question of whether the option was executory.

Inside ABI November 2023

President’s Column As I surpass mile marker 50 on my 100-mile tenure as ABI President, I wanted to present an update to our membership on the progress of various key initiatives and other accomplishments. It is hard not to offer continuing updates on the advances of the

Legislative Highlights November 2023

Legislative Highlights Senate Judiciary Hearing Spotlights “Texas Two-Step” in Chapter 11 The Senate Judiciary Committee held a hearing 1 on Sept. 19 titled, “Evading Accountability: Corporate Manipulation of Chapter 11 Bankruptcy.” Witnesses included Prof. Melissa B