Publications | Book
Reorganizing Failing Businesses: A Comprehensive Review and Analysis of Financial Restructuring and Business Reorganization, Third Edition
As a result of rapid evolution of forfeiture law and its perceived encroachment on traditional insolvency law, this guide identifies the differences between the forfeiture and insolvency processes for the courts' and parties' understandings. The guide covers regulatory schemes, parties, competing considerations, and policies at stake to assist the courts in making fully-informed decisions.
Log In to view your rate
Unlock the discounted member rate
Join first as a member, and then purchase this product at special member pricing
This guidebook is the product of an interdisciplinary and interagency working group that was organized under the auspices of the American Bar Association. Since 2010, the group has been studying and seeking solutions for recurring tensions between governmental enforcement proceedings involving the forfeiture of a wrongdoer’s assets and insolvency proceedings that assert jurisdiction over the disposition of the same assets. As a result of the working group’s report and recommendations, the ABA adopted a resolution in February 2014 encouraging all of the entities, agencies, and courts involved in overlapping forfeiture proceedings and insolvency proceedings to develop protocols and work toward enactment of appropriate legislative and rules changes to address these complex intersections.
The guidebook is designed to identify the underlying statutes and rules, articulate the positions and arguments the courts are likely to encounter, and provide courts with resources for managing these cases. These resources include links and references to governmental agency websites and materials, as well as summaries of positions trustees generally assert. A robust understanding of these complexities and competing positions, and access to these resources, will aid the courts in administering these cases and ruling on any settlements, including coordination and cooperation agreements, the parties might propose.
ABA Publishing
Business Bankruptcy
9781641055420
166
5070775
7x10
10/4/2019 12:00:00 AM
Publications | Book
Reorganizing Failing Businesses: A Comprehensive Review and Analysis of Financial Restructuring and Business Reorganization, Third Edition
Publications | Book
Model Asset Purchase Agreement for Bankruptcy Sales
Audio and Video | On-Demand CLE
Don���t Fall Asleep at the Switch: Surviving and Thriving in International Construction Markets [CC]
Audio and Video | On-Demand CLE
The Small Business Reorganization Act: A Primer, Current Trends, and the Individual Chapter 11 in the Era of Subchapter V [CC]
Audio and Video | On-Demand CLE
Getting Savvy about Smart Contracts & Business on the Blockchain [CC]
Nov
09
Events | In-Person
National M&A Institute 2023
ETHICS 60 min
Gain an in-depth perspective on negotiating business acquisitions that covers both fundamental and cutting-edge issues. Expert panelists include nationally known mergers & acquisitions attorneys from…
Nov
09
Events | Webinar
The Corporate Transparency Act is Almost Here: Making Sure You and Your Clients Are Ready
CLE 120 min
The CTA's initial effective date is January 1, 2024, and the disclosure obligations extend well beyond what attorneys and clients have expected before. Are you ready?
Oct
23
Events | Webinar
Putting the 2022 UCC Amendments to Work
CLE 90 min
Until recently, the Amendments have been interesting but may not have required immediate attention in day to day practice. However, the Amendments have now been adopted in ten states and are currentl…