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| vol 15, num 5 | December, 2017 |
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| A Year-End Note from Your Co-chairs |
The Unsecured Trade Creditors Committee (“UTC”) was hard at work in 2017. Among other things, the UTC hosted committee-wide conference calls and a webinar on wide ranging topics of interest to its members and ABI members generally, published quarterly newsletters containing articles on hot legal issues, organized panels at both national ABI conferences, hosted its first cocktail reception jointly with the Secured Creditors Committee, and communicated regularly with its members through its listserve, LinkedIn, and other social media outlets. Once again, the UTC was a multi-channel distributor of knowledge and
information to its members, and provided great networking and leadership opportunities.
In 2017, we continued what we believe to be the most important and well-received benefit of membership on our committee: bimonthly committee-wide Tips of the Trade conference calls and webinars on relevant topics. In our conference calls, we covered issues of importance to unsecured trade creditors, including: (i) a Tips of the Trade presentation in February titled Involuntary Petitions – Issues to Consider before Pulling the Trigger; and (ii) a primer in May on the ordinary course of business defense in preference actions.
We also put together an ABI-wide webinar jointly with the Healthcare Committee in September titled Healthcare Bankruptcy Overview – Navigating Healthcare Bankruptcy to Maximize Creditors Recoveries. The UTC has another Tips of the Trade call in the works for January, and is actively seeking ideas and discussion leaders for future committee-wide calls and webinars. If you would like to suggest a topic or lead a call, please contact either of the UTC Co-Chairs (Mark E. Felger or Jennifer M. McLemore).
Our quarterly newsletter articles covered a wide array of topics including the following: Adam Alpert contributed Third Circuit Joins Other Circuits in Holding WARN Act Exception’s Standard is “Probably,” Not Possible; Byron H. Forrester contributed Timing is Everything: Priority Skipping Payments Post-Jevic; Simon E. Fraser contributed Delaware Bankruptcy Court Issues Latest Decision Approving Plan with “Death Trap” and Court Holds the Trustee May Avoid Transfers Occurring up to 10 Years Prior to Petition Date by Stepping Into Shoes of IRS Pursuant to 11 U.S.C. Section 544(b); Paul Hage contributed Physical Possession of Goods is Required for Administrative Expense Under Section 503(b)(9) and Ninth Circuit BAP Finds that the Equitable Power of Substantive Consolidation Survived Law Versus Siegel;
Eric J. Monzo contributed Third Circuit Decision Denying Supplier’s Attempt to Secure Payment Through Mechanics’ Lien Emphasizes the Need for Careful Planning; and Susan E. Trent contributed Res Judicata and Claim Objections. The UTC Newsletter is published quarterly by the ABI, and we are always looking for articles for our upcoming Newsletters. If you are interested in writing an article, or have any ideas or suggestions for Newsletter articles, please contact either of our Newsletter Editors, Grant L. Cartwright or Simon E. Fraser.
At the 2017 Annual Spring Meeting in Washington D.C., the UTC paired with the Business Reorganization Committee to present an entertaining panel entitled Nobody Likes to Face Rejection: Recent Issues Regarding Executory Contracts. Our panelists included Sharon L. Levine, Shane G. Ramsey and Sarah L. Schultz. For the 2017 Winter Leadership Conference, our Committee paired with the Secured Credit Committee to present Plan Issues Facing Secured and Unsecured Creditors. Our panelists included Wendy D. Brewer, Bernadette M. Baron, Mark A. Bogdanowicz and Chad J. Sandler. Both presentations were excellent and very well received. The UTC has paired with the Technology Committee for the 2018 ASM to work with Karim Guirguis of ABI on a program regarding the use of artificial intelligence technology tailored for legal work.
The UTC is always looking for topics for upcoming national meetings. If you have ideas, please contact Susan Trent, the UTC’s Education Director.
Finally, the UTC continued its networking activities. The UTC co-hosted its first cocktail reception with the Secured Credit Committee at the Winter Leadership Conference. Also, through Eric J. Monzo, its new communications director, the UTC continued its effort to increase the UTC’s profile through its listserve, LinkedIn, and other social media outlets. The UTC’s LinkedIn group, the first of its kind for an ABI committee, now has over 100 members.
Many thanks to all of you for your continued interest and enthusiastic participation in the UTC in 2017. We look forward to sharing exciting issues, programs and articles with you in 2018. |
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Is there a way you can quickly peruse the Bankruptcy Code, Rules and local rules? Indeed, there is: ABI’s new and improved law.abi.org site! ABI's Law site has always been the most reliable, up-to-date online Code and Rules, but now it has a new look and brand new features.
As before, ABI members can access, annotate and bookmark the Code and Rules from any device, and Law contains all of the new amendments effective December 1. The newly designed site now also allows members to:
- view local rules for all 50 states and territories (new!);
- read corresponding pertinent Collier case updates (from LexisNexis), Rochelle’s Daily Wire analyses and cross-references from ABI’s Volo site (new!); and,
- cut and paste sections easily into documents and e-mails (new!).
Best of all, Law is portable and always current, so you can reference it whenever and wherever you need it! Visit law.abi.org today! |
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ABI is pleased to announce the inaugural class of its “40 Under40” initiative. The honorees were recognized at a special luncheon during ABI’s 2017 Winter Leadership Conference. Candidates were chosen from both large and small firms from every region of the country, and represent diverse practice areas such as law, finance, consulting, academia, government and more.
A special congratulations to ourABI member committee leaders who were part of the inaugural class!
Take a look at our full list of outstanding honorees!
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| Year-End Giving: ABI Offers Two Ways to Give Back |
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ABI has two great opportunities for those who are looking to give back to their communities. We invite you to offer your year-end giving to one of the tax deductible organizations below.
 The ABI Endowment Fund was created in 1989 to provide resources for research and education. Named to honor late Vice President of Development Tony Schnelling, the Endowment has awarded more than $3 million in grants, prizes and scholarships since its first award in 1990. For more information on the Endowment, click here. To donate now, click
here.
 Credit Abuse Resistance Education (CARE) is a national 501(c)3 non-profit that connects bankruptcy and other professionals with young people to teach basic personal finance and encourage smart credit decisions. Founded in 2002, by now-retired U.S. Bankruptcy Court Judge John C. Ninfo II, CARE has grown exponentially and has doubled its chapter presence in the last
year. Financial literacy is crucial to the success of the next generation and your financial support of CARE goes a long way to preparing our future leaders. Donating is easy at www.care4yourfuture.org/care-support.
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| ABI has a new publication aimed at business practitioners and their clients. A Business Creditor’s Guide to Distressed Vendors, Debt Collection and Bankruptcy provides an insider’s look into the options available to help screen a business’s customers, plan for worst-case scenarios, and, if the situation does arrive, efficiently handle the fallout. This book offers background and insight into such matters as why
businesses fail, the Fair Debt Collection Practices Act and other statutes that affect a business’s relationship with its vendors, relevant chapters of the Bankruptcy Code that affect debt settlement, out-of-court alternatives to bankruptcy that might come into play, and several other concepts that business owners should be aware of when dealing with distressed vendors. The book is available for pre-order now, and ships at the end of December. |
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©2017 American Bankruptcy Institute . All rights reserved.
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