Business Bankruptcy Subcommittees

Administration and Courts

Chairs:
Bostwick, Janet
Waguespack, David
Vice-Chair:
Tobin-Presser, Christine
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

Chairs:
Borowitz, Peter
Ross, Judith
Hercher, David

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Avoiding Powers

Chairs:
Kucera, Jeff
Kulp, Krista
Vice-Chair:
Eaton, Frank
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

Chair:
Parker, Hon. Casey
Spinelli, Danielle
Vice-Chair:
Momoh, Adine
Mission Statement: To analyze and explore issues regarding bankruptcy appeals at all stages of the appellate process, from district courts and bankruptcy appellate panels to courts of appeals and the Supreme Court. Those include substantive legal issues of significance to the bankruptcy bench and bar that have or are likely to come before the Supreme Court and lower appellate courts; trends in bankruptcy jurisprudence in those courts; process and justiciability-related issues of special interest to bankruptcy appellate practitioners, such as equitable mootness and appellate standing; empirical investigation into appellate process and outcomes; and best practices for appellate advocacy.  We hope to foster inquiry and debate on these and other topics through discussion, panel presentations, webinars, and writing projects, and welcome new members.

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Bankruptcy Committees

Chairs:
Cohen, Jeffrey
Bast, Jeffrey

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Bankruptcy IP and Technology

Chairs:
Rubenstein, Michael
Patterson, Morgan
Cino, Jessica

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Business Transactions

Chairs:
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:
Monzo, Eric
Weiss, Sharon
Hayes, Monique
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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Closely Held and Small Business

Chairs:
Works, Ryan
Stevens, Lisa
Leali, Linda

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Corporate Governance

Chairs:
Kelbon, Regina
Kirk, Donald
Maerov, Adam

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Task Force - Current Developments

Chair:
Bienenstock, Martin
Vice-Chairs:
Brown, Oganna
Enright, Michael
Smith, Frances
Paranjpye, Aditi

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e-Newsletter

Editor-in-Chief:
Sabella, Michael
Assistant Editors:
Mack, Freddi
Liu, Zhao (Ruby)

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Executory Contracts

Chairs:
Songonuga, Natasha
Fournier, David

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Task Force - Governance Issues of Distressed Companies

Chairs:
Brownstein, Howard
O'Conell, Kevin

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Government Powers

Chairs:
Lee, Kyung
Troop, Andrew

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Governmental Bankruptcies

Chair:
Klein, Christopher

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Healthcare and Nonprofits in Bankruptcy

Vice-Chair:
McNeill, Leah

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Individual Chapter 11

Chairs:
Pack, Bradley
Lupica, Lois
Vice-Chair:
Millner, Robert

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Insurance

Chairs:
Anderson, Margaret
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

Chair:
Knapp, John

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Part 190 Rules

Chair:
Lazar, Vincent
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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Kathryn R. Heidt Memorial Award Selection

Chairs:
Baxter, Michael
Brandt, Susan

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Leadership Development

Chairs:
Redmond, Patricia
FitzSimon, Jean

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Legislation

Chair:
Bailey, James
Vice-Chair:
Kraemer, Salene

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Litigation

Chairs:
Goldblatt, Craig
Kinsella, Steven
Wolfson, Scott

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Mass Tort and Environmental Claims

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

Chairs:
Blain, Russel
Lopez-Castro, Corali
Tasher, Raychelle

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Partnerships and Limited Liability Entities in Bankruptcy

Chairs:
Hartley, Andrea
de Souza, Dain

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Planning

Chair:
Voorhies, Nellwyn

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Podcasts

Chairs:
Bailey, Frank
Fender , Steven
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:
Adeyemo, Megan
Stong, Elizabeth
Vice-Chair:
McLemore, Nicole

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Professional Ethics

Chairs:
Charles, Robert
Englander, Bradford
Bienstock, Jill

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Programs

Chairs:
Sklarz, Jeffrey
Riemer, Sandra
Vice-Chair:
Berkoff, Leslie

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Publications and Content

Publications Director:
Adeyemo, Megan
Content Directors:
Darling, Taryn
Henninger, Samuel

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Rules

Chair:
Champion, Ashley

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Secured Creditors

Chairs:
Sumner, Lisa
Robson, Grace
Roberts, Clay
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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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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Trustees and Examiners

Chairs:
Tracy, Lisa
Perkins, Eric
Mission Statement: Trustees and examiners perform vital roles in the bankruptcy system.  The Trustees and Examiners Subcommittee explores the issues faced by trustees who administer cases under chapters 7, 11, 12, and 13 of the Bankruptcy Code, including those trustees appointed to administer small business cases under subchapter V, and by those who perform as examiners, including fee examiners.  Issues addressed include the interaction between these parties and other bankruptcy constituencies, as well as the intersection between the performance of their duties in the bankruptcy context and other areas of the law. The Subcommittee presents programs on a broad range of topics that include basic primers on core functions as well as more in-depth reviews of emerging issues.  In doing so, the Subcommittee seeks to promote civility and enhance interactions between trustees and examiners and other key stakeholders in the bankruptcy system, including debtors, creditors, the U.S. Trustees, and the courts, by fostering greater awareness and understanding of the key roles they perform.

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UNCITRAL Liaison

Chair:
Redmond, Christopher
Vice-Chair:
Klein, 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

Chair:
Carmel, Marc
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:
Rubio, Charles
Barreca, Marc

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Task Force - Business Law Advisor

Chair:
Mooney, Charles

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Task Force - Business Law Fellow

Chairs:
Liu, Zhao (Ruby)
Kornafel, Joanna

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20/20 Partner Selection

Chairs:
Redmond, Patricia
Lopez-Castro, Corali
Blain, Russell
FitzSimon, Jean
Tasher, Raychell

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Task Force - Model IP Security Agreement

Chairs:
Allen, Katherine
Kavanaugh, Matthew
Vice-Chairs:
Fournier, David
Murdock, John

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Task Force - Mentorship

Chairs:
Baxter, Michael
Freeman, Susan
Kress, Kay

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