ABI

JANUARY 19, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff The families of the victims of the Sandy Hook shooting sued Alex Jones in a Connecticut state court, and his company, Free Speech Systems, in a Texas state court. [1] Freddy Giovanelli St. billion in damages. [3] million.

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ABI

JANUARY 22, 2023

John's University School of Law American Bankruptcy Institute Law Review Staff In In re Raza, a bankruptcy court in Virginia overruled a trustee’s objection to certain of the debtor’s claimed exemptions and held that a small business owner who received an Economic Injury Disaster Loan (“EIDL Loan”) with the U.S.

Banking 40

Banking 40

ABI

JANUARY 22, 2023

John's University School of Law American Bankruptcy Institute Law Review Staff In In re PG&E Corp. , filed for chapter 11 bankruptcy due to the potential liabilities they were facing following the California wildfires. [2] 1] In January 2019, PG&E Corp. 3] At the time of filing, PG&E Corp.

Equity 40

Equity 40

ABI

JANUARY 13, 2022

1] In In re Al Zawawi , a bankruptcy court in Florida held that a foreign debtor does not have to meet the US debtor-eligibility requirements for a foreign representative to obtain Chapter 15 recognition of a foreign proceeding. [2] John’s University School of Law. 1] In re Al Zawawi, No. 6:21-bk-01251-LVV, 2021 WL 3890597, at *3 (Bankr.

Equity 40

Equity 40

ABI

JANUARY 22, 2023

John's University School of Law American Bankruptcy Institute Law Review Staff The Worker Adjustment and Retraining Notification Act ("WARN Act") provides that “an employer shall not order a plant closing or mass layoff until the end of a 60-day period after the employer serves written notice of such order” to each impacted employee. [1]

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ABI

JANUARY 12, 2022

American Bankruptcy Institute Law Review Staff. In general, under principles of equitable subordination, a court may subordinate the claims of a creditor for conduct that is unfair to the other creditors of a bankruptcy estate. By: Nicholas Smargiassi. John’s University School of Law. In In re John Varvatos Enters. ,

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ABI

JANUARY 28, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff A motion for a preliminary injunction in a bankruptcy is governed by Federal Rule of Bankruptcy Procedure 7065, which incorporates Federal Rule of Civil Procedure 65. [1] Garrity Kuester St. 2] In Vital Pharmaceuticals, Inc.

Marketability 40

Marketability Technology 40

Reynolds Holding

APRIL 18, 2024

1] Tellingly, John Ray, who was appointed FTX CEO as part of its bankruptcy proceedings, observed that “in his 40 years of legal and restructuring experience,” which included the Enron bankruptcy, he had never seen “such a complete failure of corporate controls and such a complete absence of trustworthy financial information as occurred here.” [2]

Compliance 45

Compliance Technology Start-ups Marketability 45

ABI

JANUARY 12, 2022

American Bankruptcy Institute Law Review Staff. . Under title 11 of the United States Code (the “Bankruptcy Code”), a trustee or debtor in possession may avoid or recover certain payments made by the debtor before the bankruptcy filing as a “preference.” [1] John’s University School of Law. McKesson Corp. ,

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ABI

JANUARY 13, 2022

American Bankruptcy Institute Law Review Staff. . In Moyal v. 1] In February of 2019, Plaintiff David Moyal brought an action in New York state court for breach of a distribution agreement against a German company, Münsterland Gruppe GmbH & Co. Sarah Franzetti. John’s University School of Law.

Banking 40

Banking 40

ABI

JANUARY 12, 2022

American Bankruptcy Institute Law Review Staff. . 3] During the bankruptcy case, Aerogroup filed a motion for an order authorizing it to obtain postpetition financing (“DIP Financing”) from Polk. [4] 6] Following the sale of Aerogroup’s assets, the bankruptcy court dismissed Aerogroup’s chapter 11 case. (“Aerogroup”).

Finance 40

Finance 40

ABI

JANUARY 12, 2022

American Bankruptcy Institute Law Review Staff. . Section 524(g) of title 11 of the United States Code (the “Bankruptcy Code”) allows a debtor in a Chapter 11 case to establish a trust for the purpose of settling personal injury claims against the debtor based on exposure to asbestos-containing products. [1] 13] See id.

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Appraiser Newsroom

JULY 9, 2023

He has qualified as an expert witness on valuation issues before United States Bankruptcy Courts, US District Court, New Jersey Tax Court and the Superior Court of New Jersey as well as trying valuation matters as an attorney. Casey Karlsen, ASA , is a manager in BerryDunn’s Valuation Services Group.

Business Valuation 40

Business Valuation Appraisal Banking Start-ups 40

ABI

JANUARY 13, 2021

American Bankruptcy Institute Law Review Staff. Under section 1521 of title 11 of the United States Code (the “Bankruptcy Code”), a bankruptcy court may enter an order enforcing a foreign restructuring in the United States. [1] St John’s University School of Law. 1] In In re Olinda Star Ltd.,

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ABI

JANUARY 13, 2021

American Bankruptcy Institute Law Review Staff Member. . Under title 11 of the United States Code (the “Bankruptcy Code”), a trustee appointed to a debtor’s estate may avoid transfers made within two years before the date of the filing if the debtor received less than reasonably equivalent value in exchange. [i]

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ABI

JANUARY 13, 2021

American Bankruptcy Institute Law Review Staff. . i] The Small Business Administration (“SBA”) swiftly implemented several regulations regarding PPP eligibility, one of which disqualified debtors in a bankruptcy case from getting PPP loans. [i] Tags: Bankruptcy Reorganization By: Mary T. 706(2)(A) and (C). [v]

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ABI

JANUARY 20, 2020

American Bankruptcy Institute Law Review, Staff Member. . In general, a debtor may reject an executory contract subject to court approval under section 365 of title 11 of the United States Code (the “Bankruptcy Code”). By: Gabriela Zapata. John’s University School of Law. 1] In In re PG&E Corp.

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ABI

JANUARY 13, 2022

American Bankruptcy Institute Law Review Staff. . The Small Business Reorganization Act of 2019 (“SBRA”) created a new subchapter V of chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”). [1] Nicholas Hasbún. John’s University School of Law. at 194–95. [17] Turner, 262 S.E.2d

Finance 40

Finance Technology 40

ABI

JANUARY 22, 2020

American Bankruptcy Institute Law Review Staff. . . Under Chapter 15 of title 11 of the United States Code (the “Bankruptcy Code”), a court may grant recognition to a debtor’s foreign proceeding as a foreign main or nonmain proceeding depending on the location of a debtor’s center of main interest (“COMI”) or establishment. [1]

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ABI

JANUARY 16, 2020

American Bankruptcy Institute Law Review, Staff Member. Under section 1123(a)(4) of title 11 of the United States Code (the “Bankruptcy Code”), a reorganization plan should provide equal treatment for each claim of a particular class, unless the claim holder specifically agrees to less favorable treatment. [1]

Equity 40

Equity Banking 40

Appraiser Newsroom

JULY 9, 2023

He has qualified as an expert witness on valuation issues before United States Bankruptcy Courts, US District Court, New Jersey Tax Court and the Superior Court of New Jersey as well as trying valuation matters as an attorney. David has enjoyed serving as in-house and outside General Counsel for multiple companies.

Appraisal 40

Appraisal Business Valuation Intangible Assets Compliance 40

Reynolds Holding

JANUARY 9, 2023

Investors had alleged – through an initial complaint filed in September 2016 – that the social media company misled shareholders during a six-month period in 2015 about growth prospects and user engagement. The class action settlement is the second largest award ever to be paid by a China-based company. Teva Pharmaceutical.

Banking 81

Banking Private Equity Firm Marketability Compliance 81

ABI

JANUARY 12, 2020

American Bankruptcy Institute Law Review Staff Member. The United States Court of Appeals for the Fifth Circuit, in SEC v. By: Justin Henderson. St John’s University School of Law. Stanford International Bank, Ltd. 5]. Stanford International Bank, Ltd. 1] See SEC v.

Banking 40

Banking Equity 40

Reynolds Holding

MARCH 2, 2023

I am glad you are discussing advisers, because they play an expansive and expanding role in our markets and in Americans’ lives. They advise hedge funds, mutual funds, money market funds, and other institutional investors. Investment advisers have 53 million separately managed accounts, of which 51 million are individual accounts.

Start-ups 45

Start-ups Marketability 45

Reynolds Holding

JUNE 22, 2022

Depository Institutions’ Issuance of Payment Stablecoins. The RFIA would permit depository institutions (i.e., Under the bill, a depository institution that issues “payment stablecoins” would need to maintain “high-quality liquid assets” equal to 100% of the face value of the outstanding stablecoins.

Banking 45

Banking Treasury Finance Marketability 45

Appraiser Newsroom

JULY 9, 2023

Carlos is the president of Appraisals International, a leading global insurance company, with employees and established subcontractor network in four continents. Work recognized by major financial institutions across the country and internationally. Broad experience as expert witness in arbitration and litigation support.

Appraisal 52

Appraisal Business Valuation Technology Marketability 52

Appraiser Newsroom

JULY 5, 2022

She has taught courses in the Canadian Institute of Chartered Business Valuators (CICBV) program and has served on the Publications Committee of the CICBV. He has presented for many organizations, most notably including: ASA, the Appraisal Institute, and The Florida Bar. and international courts.

Appraisal 40

Appraisal Business Valuation Finance Market Risk 40

Appraiser Newsroom

OCTOBER 26, 2023

ASA extends another thank you to the planning committee and advisors for all their hard work and support; Terri Lastovka, ASA , Tracy Aros, ASA , William M.

Appraisal 52

Appraisal Business Valuation Equity Marketability 52

ABI

JANUARY 19, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff Section 524(a) of Title 11 of the United States Code (the “Bankruptcy Code”) provides that a debtor may be discharged (i.e., 2] The United States Bankruptcy Appellate Panel for the Ninth Circuit Court of Appeals, in RS Air, LLC v.

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ABI

JANUARY 19, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff In large bankruptcy cases, 28 U.S.C. § Bankruptcy Court for the Southern District of New York held that a claims agent retained under 28 U.S.C. § 1] In In re Madison Square Boys & Girls Club, Inc.,

Treasury 40

Treasury Equity 40

Musings on Markets

NOVEMBER 4, 2022

As we get deeper into earnings season for the third quarter of 2022, the biggest negative surprises are coming from technology companies, with the tech giants leading the way. The Market Journey Facebook is a young company, at least in chronological time, having been public for just over a decade.

Start-ups 98

Start-ups Market Capitalization Marketability Dividends 98

Brian DeChesare

JUNE 1, 2022

That is still true for the average company in the industry: it is more defensive than something like technology or financial institutions. Power companies generate power (from fossil fuels, renewables, and nuclear) and sell it wholesale to utilities companies and other customers.

Banking 96

Banking Equity Book Value Capital Structure 96

Reynolds Holding

JUNE 13, 2023

After a cascade of bankruptcies – including FTX’s implosion – millions of defrauded customers, and trillions of dollars in value destruction, many are wondering whether the sector has a future. Second, the accounting mismatch for company-issued utility tokens must be remedied by treating tokens like miles – as liabilities, rather than assets.

Marketability 64

Marketability Equity Banking Technology 64

Reynolds Holding

FEBRUARY 1, 2023

Thank you Thomas [Kim] for that lovely introduction and I’m very pleased to be here at the Securities Regulation Institute giving the Alan B. 2] Companies that contemplate going public are now waiting much longer to do so. [3] 4] Companies no longer need to go public to raise enormous amounts of capital.

Marketability 58

Marketability Corporate Finance Compliance Equity 58

ABI

JANUARY 13, 2022

American Bankruptcy Institute Law Review Staff. . In general, an employee benefit plan may assert a priority claim against a debtor in a bankruptcy case subject to a cap imposed by title 11 of the United States Code (the “Bankruptcy Code”). Bridget Golden. John’s University School of Law. 18].

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Reynolds Holding

MARCH 13, 2024

the view of politics and economics that derives from the English and Scottish Enlightenment, underlies the American founding, and has been developed by modern figures such as Hayek, Friedman, von Mises, Stigler, Coase, Buchanan, and Epstein.

Corporate Finance 64

Corporate Finance Business Enterprise Equity Marketability 64