Business Bankruptcy Subcommittees

Administration and Courts

Chairs:
Isicoff, Laurel
Waguespack, David
Vice-Chair:
Brownell, Aaron
Mission Statement: To develop programming that addresses non-substantive law, procedures and rules that impact the administration of the bankruptcy courts and of bankruptcy cases, including issues directed to access to courts, jurisdiction, venue, judgeships, and the administration of cases under the various chapters of the Bankruptcy Code, appointment and compensation of professionals, and post-confirmation administration of chapter 11 cases.​

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Alternative Dispute Resolution

Chair:
Borowitz, Peter
Vice-Chair:
Ross, Judith

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Avoiding Powers

Chairs:
Borrus, Bruce
Leali, Linda
Mission Statement: The Avoiding Powers Subcommittee of the Business Bankruptcy Committee offers programs and webinars on federal and state fraudulent transfer and preference law. We have recently presented programs on the Uniform Voidable Transactions Act, and we are planning a program that will examine non-uniform provisions that have been enacted by some states.

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Bankruptcy Appeals

Chairs:
Bailey, Frank
Spinelli, Danielle

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Bankruptcy Committees

Chairs:
Cohen, Jeffrey
Hartley, Andrea
Vice-Chair:
Corr-Irvine, Stacey

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Bankruptcy IP and Technology

Chairs:
Barreca, Marc
Knapp, John
Vice-Chair:
Rubenstein, Michael

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Business Transactions

Chairs:
Pinkas, Oscar
Ochs, Matthew
Toby, Sheryl
Mission Statement: Our purpose is to explore, discuss and share information about innovative business transactions utilized in complex restructurings, workouts and bankruptcy matters.

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Chapter 11

Chairs:
Klausner, Gary
Roberts, Clay
Kurth, Mette
Mission Statement: The Chapter 11 Subcommittee of the Business Bankruptcy Committee seeks to explore and educate its members regarding all issues affecting reorganizations in a Chapter 11 case, including the role of committees, fees, plans of reorganization, liquidating plans, priorities, cram down, jurisdiction, classification, impairment, and trustees. The Subcommittee also monitors and comments on legislation affecting Chapter 11. The Chapter 11 Subcommittee welcomes involvement from all bankruptcy practitioners and others interested in the reorganization process. The Chapter 11 Subcommittee meets twice annually, once at the Business Law Section Spring Meeting, and once at the National Conference of Bankruptcy Judges each October. The Subcommittee presents educational programs at each meeting, which usually qualify for CLE credit.

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Claims and Priorities

Chairs:
Fallon, Brett
Hage, Paul

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Corporate Governance

Chairs:
Kelbon, Regina
Kirk, Donald
Maerov, Adam

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Current Developments

Chair:
Bienenstock, Martin
Vice-Chair:
Enright, Michael

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e-Newsletter

Chairs:
Kulp, Krista
Sabella, Michael

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Executory Contracts

Chairs:
Hayes, Monique
Sumner, Lisa
Vice-Chair:
Songonuga, Natasha

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Governance Issues of Distressed Companies

Chairs:
Boone, J William
Bissell, Rolin
Vice-Chairs:
O'Connell, Kevin
Amron, Brett

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Government Powers

Chairs:
Lee, Kyung
Sklarz, Jeffrey
Troop, Andrew

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Governmental Bankruptcies

Chair:
Klein, Christopher

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Healthcare and Nonprofits in Bankruptcy

Chairs:
Crocker, Shelley
Maizel, Samuel
Vice-Chairs:
Ruth, Marvin
Simon, Daniel

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Individual Chapter 11

Chair:
Norton, William
Vice-Chair:
Pack, Bradley

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Insurance

Chair:
Anderson, Margaret
Vice-Chair:
Simkulak, Wendy
Mission Statement: The Insurance Subcommittee of the Business Bankruptcy Committee seeks to explore the intersection between the U.S. Bankruptcy Code and state insurance laws and regulations. The Subcommittee strives to educate members of the Committee on the unique issues presented by a debtor’s insurance programs. A debtor’s insurance program is of great value to a debtor if properly handled and addressed during the bankruptcy case and through the plan process. For many reasons, insurers are unlike any other creditor in a bankruptcy case and by working with an insurer, a debtor can ensure that claimants with insured claims receive insurance proceeds. However, questions often arise regarding, for example, the handling of insured claims and the debtor’s continuing obligations to its insurer. The Subcommittee has recently sponsored a few educational programs that address these and other issues and intends to offer similar programs at future meetings.​

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International Bankruptcy

Chairs:
Ball, Corinne
Fournier, David

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Part 190 Rules

Chairs:
Lazar, Vincent
Trkla, Kathryn
Mission Statement: The subcommittee will undertake a careful review of the Part 190 Rules to identify potential areas where they could be improved, and draft revisions in the form of model Part 190 Rules that the CFTC could consider as a base for potential agency rulemaking. We think it is timely to reevaluate the Part 190 Rules in a comprehensive manner in light of significant market and regulatory developments in recent years and the lessons to be learned from various FCM bankruptcy proceedings, including MF Global and Peregrine Financial Group. The subcommittee will focus on revisions to the Part 190 Rules where the work product will have a more realistic prospect of spurring change through agency action than developing broader policy recommendations that require legislative changes to subchapter IV of Chapter 7 to implement.​

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Judicial Outreach

Chair:
Stong, Elizabeth

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Kathryn R. Heidt Memorial Award Selection

Chairs:
Baxter, Michael
Brandt, Susan

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Leadership Development

Chair:
Redmond, Patricia
Vice-Chairs:
Cino, Jessica
FitzSimon, Jean

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Legislation

Chair:
Greenstone Miller, Judith
Vice-Chair:
Bailey, James

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Litigation

Chair:
Goldblatt, Craig
Vice-Chairs:
Kinsella, Steven
Mack, Freddi

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Mass Tort and Environmental Claims

Chairs:
Barak, Ehud
Millner, Robert
Vice-Chair:
Miller, Geoffrey
Mission Statement: The Mass Tort and Environmental Claims Subcommittee seeks to explore the methods that the Bankruptcy Code presents to resolve mass tort and environmental claims ("mass tort" claims) and reorganize businesses that are beset with such claims.

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Membership

Chair:
Berkoff, Leslie
Vice-Chair:
Fender, Steven

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Partnerships and Limited Liability Entities in Bankruptcy

Chair:
Englander, Bradford
Vice-Chair:
de Souza, Dain

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Planning

Chairs:
Keiffer, Edwin
Voorhies, Nellwyn

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Podcasts

Chairs:
Blain, Russell
Champion, Ashley
Patterson, Morgan
Mission Statement: The purpose of the Podcast Subcommittee is to provide content of interest to all members in compact, easily digestible episodes. All members are welcome to join and we encourage everyone to consider recording a short episode on a topic of their choice. The process is incredibly easy and a great way to get your name out there. Please contact any of the co-chairs if you wish to record an episode. 

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Pro Bono Services

Chairs:
Robson, Grace
Stong, Elizabeth

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Professional Ethics

Chairs:
Charles, Robert
Lupica, Lois
Meth, Richard

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Programs

Chairs:
Kevane, Henry
Riemer, Sandra

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Publications and Content

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Rule 2014

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Rules

Chair:
Wolfson, Scott
Vice-Chair:
Cathell, Dale

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Secured Creditors

Chairs:
Lopez-Castro, Corali
Weiss, Sharon
Vice-Chair:
Kucera, Jeffrey
Mission Statement: The Secured Creditors Subcommittee is committed to providing substantive programming, education, and resources relative to issues affecting creditors’ rights in bankruptcy cases and other insolvency proceedings. The Subcommittee regularly works with other Business Bankruptcy Subcommittees and BLS Committees to explore various aspects of secured creditors’ rights.

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Closely Held and Small Business

Chairs:
Bast, Jeffrey
Bostwick, Janet
Vice-Chair:
Works, Ryan

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Task Force on Securities Holding Infrastructure

Chairs:
Mooney, Jr., Charles
Rocks, Sandra
Mission Statement: ​The Task Force on Securities Holdings Infrastructure will (i) examine the infrastructure for the intermediated holding of securities in the United States, (ii) identify. analyze, and assess the significance of any problems associated with the infrastructure, and (iii) identify and assess plausible means of addressing any problems.

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Trust Indentures

Vice-Chairs:
Monzo, Eric
Curchack, Walter

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Trustees and Examiners

Chairs:
Leipold, Mark
Perkins, Eric
Mission Statement: The Trustees/Examiners Subcommittee explores the issues faced by trustees and examiners and the interaction between the parties and other bankruptcy constituencies, as well as the intersection between the performance of their duties by these parties in the bankruptcy context and other areas of the law. The Subcommittee not only seeks to educate its members but also strives to promote civility and improvement in the interaction between trustees (and examiners) and debtors, creditors, and the courts. (This includes Chapter 7, Chapter 11 and U.S. Trustees.) Often, the trustee or the examiner may be the only party which can take note issues faced by the parties and then raises them with the Court. The Subcommittee presents programs on several topics, including issues such as the Trustee employing his or her law firm to the intersection between Chapter 11 Trustee and chief restructuring officers. The Subcommittee welcomes members as it seeks to expand the communication between the constituencies and understand the issues faced by trustees, examiners, and other parties.​

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UNCITRAL Liaison

Chair:
Redmond, Christopher
Mission Statement: The role and purpose of the UNCITRAL Task Force and Liaison is to coordinate with the United Nations Committee on International Trade Law, Working Group V on Insolvency. The American Bar Association has been recognized as an Non Governmental Organization (NGO) since 1998 and has been an active participant in development of a number of texts on Insolvency Law Reform. The Committee was actively involved in the development of the Legislative Guide on Insolvency Law (approved by the United Nations Genral Assembly in 2004), the Practice Guide on Cross-Border Agreements (approved by the General Assembly in 2010), an addendum to the Legislative Guide involving Corporate Groups (approval before the General Assembly pending) and current work on the areas of directors and officers duties in pre-insolvency and insolvency proceedings and the Center of Main Interests (COMI). In addition a deskbook coordinating all the UNCITRAL insolvency texts is currently being prepared. The Committee is an active participant in all ongoing projects.


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Use and Disposition of Property

Chairs:
Carmel, Marc
Engel, Richard
Mission Statement: The Use and Disposition of Property Subcommittee of the Business Bankruptcy Committee focuses on exploring different ways for constituents to maximize the value of a debtor's property through the use and disposition of that property, and the consequences thereof. The Subcommittee works with its members, the Business Bankruptcy Committee, and the restructuring community at large to prompt a dialogue and engage in thought leadership through discussions, publications, and research.​

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Webinars

Chairs:
Daghbandan, Natalie
Rubio, Charles
Bienstock, Jill

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