Conference Programs
At this year’s Winter Leadership Conference next month, the Y&NM Committee is partnering with the International Committee. Organized by Education Directors David Doyle and Brendan Gage, the panel will discuss the advantages and disadvantages of filing bankruptcy under chapter 15 vs. chapter 11 in the U.S. where the prospective debtor is a multinational company, and the potential consequences of each type of filing across the capital structure of the company (e.g., secured creditors, unsecured creditors, equity, etc.). The panelists, all ABI 2017 “40 Under 40” honorees, will contrast the insolvency laws of specific countries with the U.S. Bankruptcy Code, and explain how these comparisons can ultimately guide a company’s decision on whether to file in the U.S. and, if so, under what chapter.

Webinar
On Nov. 28, 2018, at 1:00 p.m. ET, the Y&NM Committee will hold a webinar on the limits of bankruptcy jurisdiction. The presenters will be Joel Gaffney, Ethan Birnberg and Jeff Krause in what should be a spirited discussion. Thanks to Special Projects Leader Laura Coordes for putting this together. Please plan to join!

Newsletters
In June and September 2018, the Y&NM Committee published newsletters featuring five articles, including a primer on bankruptcy jurisdiction by Special Projects Leader Laura Coordes. Other topics related to nonprofit corporations in chapter 11, the disinterestedness requirements of a liquidating trustee and corporate-governance issues. Our Newsletter Editor is Tara Schellhorn, who wrote articles for the newsletter on Rule 60(d)(3) in the bankruptcy context (November 2016) and for the ABI Journal on the appellate standard of review for determining non-statutory insiders (May 2018). Tara has been assisted by Laura Hughes as Vice Newsletter Editor. If you have any interest in writing for the newsletter, please reach out to Tara or Laura.

Hope to see everyone next month at the Winter Leadership Conference!

• Leadership:
• Co-Chair: Dan White, Askew & Mazel, LLC, dwhite@askewmazelfirm.com
• Co-Chair: Evan Miller, Bayard, P.A., emiller@bayardlaw.com
• Education Director: Brendan Gage, Paul Hastings, LLP, brendangage@paulhastings.com
• Vice Education Director: David Doyle, Fox Rothschild, ddoyle@shawfishman.com
• Newsletter Editor: Tara Schellhorn, Riker, Danzig, Scherer, Hyland & Perretti, LLP, tschellhorn@riker.com
• Vice Newsletter Editor: Laura Hughes, Rabo AgriFinance, laura.hughes@raboag.com
• Membership Relations Director: Matthew Bouslog, Gibson, Dunn & Crutcher LLP, mbouslog@gibsondunn.com
• Communications Manager: Christina Sanfelippo, Fox Rothschild, csanfelippo@shawfishman.com
• Special Projects Leader: Laura Coordes, Arizona State University, laura.napoli@asu.edu

On Feb. 5, 2015, the debtor filed a subsequent chapter 13 bankruptcy case again identifying Chase and SW Linear Investment Group, LLC (SWL), successor in interest to Cadles, as holding secured claims pursuant to first and second trust deeds, respectively, on the property. On May 22, 2015, the debtor filed a Motion to Avoid Junior Lien on Principal Residence (the “Avoidance Motion”).

28 U.S.C. § 158(b) directs each circuit court to establish a BAP, composed of bankruptcy judges of the districts in the circuit, to hear and determine appeals unless there are insufficient judicial resources available in the circuit or the establishment of the panel would result in undue delay or increased cost to parties.

Five circuit courts have established BAPs: First, Sixth, Eighth, Ninth and Tenth. In the circuits that have adopted BAPs, appeals will only be heard by the panel if “the district court judges for the district have authorized the referral of appeals and if the parties to the appeals consent or are deemed to consent through inaction or failure to follow the rules.”