Bankruptcy Law Committee (Business Law)

Committee Resources

Committee Activity in Review

As published in the NY Business Law Journal

NY Business Law Journal Bankruptcy Law Committee (Summer 2018)

The Bankruptcy Committee met during the Business Law Section’s Spring Meeting. Pat Rafanelli, CPA/ABV, ASA, CVA, CBA, CFE, MAFF, CDFA, Valuation Manager of Grassi & Co., presented an informative seminar to the Committee entitled “Business Valuations in the Context of Insolvency.” The Committee engaged in a spirited discussion of the topic at the meeting.

– Matthew Spero, Chair

NY Business Law Journal Bankruptcy Law Committee (Winter 2017)

The Bankruptcy Law Committee met on May 12, 2017, as part of the Section’s Spring meeting. At the meeting, Nick and Jim Rigano of Rigano LLC presented a CLE seminar entitled: “How The Bankruptcy Code Can Help with Sale of an Environmentally Contaminated Property.” The presentation was entertaining and informative and it was well-received by the members.

– Matt Spero, Chair

NY Business Law Journal Bankruptcy Law Committee (Summer 2017)

The Bankruptcy Law Committee met on May 12, 2017, as part of the Section’s Spring Meeting. At the meet­ing, Nick and Jim Rigano of Rigano LLC presented a CLE seminar entitled: “How The Bankruptcy Code Can Help with Sale of an Environmentally Contaminated Property.” The presentation was entertaining and informative and it was well-received by the members.

– Matt Spero, Chair

NY Business Law Journal Bankruptcy Law Committee (Summer 2016)

The Bankruptcy Law Committee presented a relevant panel discussion during the afternoon session of the Business Law Section annual Spring Meeting on May 13, 2016 in New York City at the Harvard Club. The three panelists presented a program titled Current Topics & Trends: Oil & Gas, Equitable Mootness, Education and Even Marijuana. While certain of the topics had evident interest value, even equitable mootness became a source of interest through the engaging presentation.   The panel consisted of attorneys  Mike Riela of Vedder Price, Jeff Bernstein and Nicole Leonard of McElroy Deutsch Mulvaney & Carpenter LLP, and the presentation was well-received by an interactive and knowledgeable audience.

– Scott Bernstein, Chair

NY Business Law Journal Bankruptcy Law Committee (Summer 2015)

The Bankruptcy Law Committee held a CLE Class at the Spring Meeting titled “Hot Topics in, and Alternatives to, Section 363 Asset Sales.” The speakers at this CLE were Jeffrey Bernstein of McElroy, Deutsch, Mulvaney & Carpenter, LLP; Janice B. Grubin of LeClairRyan, A Professional Corporation; Jeremy Johnson of Norton Rose Fulbright; Nicole Leonard of McElroy, Deutsch, Mulvaney & Carpenter, LLP, and Michael J. Riela of Vedder Price LLP. The Bankruptcy Law Committee and the Bankruptcy Committee of the New York City Bar Association also co-sponsored a CLE class titled “E-Discovery in Bankruptcy: Tricks and Tips to Lower Risk, Costs and Save Your Sanity” on June 25, 2015 from 6:00 to 9:00 p.m. For additional information. or to suggest topics and ideas for meetings, please contact Scott Bernstein at sbernstein@mccarter.com or by phone at (973) 639-2007.

– Scott Bernstein, Chair

NY Business Law Journal Bankruptcy Law Committee (Winter 2014)

The Bankruptcy Law Committee held a well-attended panel discussion regarding the interplay of Bankruptcy and Intellectual Property Law as part of the Section’s Fall Meeting in Manchester Village, Vermont. The Bankruptcy Law Committee planned a CLE class for the Annual Meeting and is soliciting topics for a CLE class for the Spring Meeting. For copies of the materials from the Committee meeting in Manchester Village or to suggest topics, contact Scott Bernstein at sbernstein@mccarter.com.

— Scott Bernstein, Chair

NY Business Law Journal Bankruptcy Law Committee (Summer 2014)

The Bankruptcy Law Committee met at the Fall and Annual Meetings. At the fall meeting, Scott Bernstein, Bruce Mael and Kevin Newman spoke regarding Attorneys’ Fees for Creditors in Bankruptcy Cases. At the Annual Meeting, Bankruptcy Judge Cecilia Morris, Matthew Spero and Robert Raicht presented at an informative and interactive meeting regarding Sellers’ Rights in Bankruptcy

— Kevin Newman, Chair

NY Business Law Journal Bankruptcy Law Committee (Winter 2013)

Since we last reported in the Summer 2013 issue of the Journal, the Bankruptcy Committee met at the spring Business Law Section meeting, at which a presentation on “Current Issues in Bankruptcy and Real Estate” was given. The committee also met at the Fall Meeting of the Section, which included a panel discussion on “Creditors’ Attorneys Fees in Bankruptcy.” Our committee will also be co-sponsoring a practical skills program with the NYSBA Committee on Continuing Legal Education, entitled “Basics of Bankruptcy Practice” in November and December 2013 in Buffalo, Melville, Manhattan, Albany and Syracuse.

— Kevin Newman, Chair

NY Business Law Journal Bankruptcy Law Committee (Summer 2013)

The Bankruptcy Law Committee co-sponsored a program on Advising Distressed Businesses and Business Bankruptcy Cases held in Albany on November 14, 2012 and in New York City on December 13, 2012. The Committee also met at the Annual Meeting on January 23, 2013 at which Judge (and former Bankruptcy Committee Chair) Margaret Cangilos-Ruiz (N.D.N.Y.) presented a program entitled “Bankruptcy Court’s Exercise of Judicial Power after Stern v. Marshall—’Narrow’ Holding of Limited Scope or More Far Reaching Implications?”

— Kevin Newman, Chair

NY Business Law Journal Bankruptcy Law Committee (Winter 2012)

The Bankruptcy Law Committee of the Business Law Section and the NYSBA’s Committee on Continuing Legal Education co-sponsored a program on Advising Distressed Businesses and Business Bankruptcy Cases, which was held in Albany on November 14, 2012 and New York City on December 13, 2012. As the new Chair of the Bankruptcy Law Committee, Kevin Newman of Syracuse co-chaired the program and moderated and spoke at the Albany site.

— Kevin Newman, Chair

NY Business Law Journal Bankruptcy Law Committee (Summer 2012)

The Bankruptcy Law Committee held a reception for the new Bankruptcy Court Judges on Thursday, April 5, 2012 at the Cornell Club in New York City.

— Norma E. Ortiz, Chair

NY Business Law Journal Bankruptcy Law Committee  (Winter 2011)

The Bankruptcy Law Committee consists of judges, counsel for corporations (in-house and outside), and counsel for individuals. The committee reviews and distributes summaries and practice pointers regarding recent and trend-setting case law from federal bankruptcy courts affecting New York practice. The committee meets in full four times a year, and offers the opportunity to network with a diverse group of lawyers from around the state and participate in a wide range of informational and educational activities. For example, during the Spring 2011 Meeting of the Business Law Section, the committee hosted two speakers who led a lively discussion on asset protection and asset detection. In June, a number of committee members served as lecturers for the NYSBA’s continuing legal education program on “The Practice of Bankruptcy.” That program is offered in five cities throughout the state and is one of the Association’s most popular CLE programs. In September, the committee met in Cooperstown, New York, during the Business Law Section’s Fall Meeting and conducted a CLE program on “Saving Real Estate Through Bankruptcy.”

The committee is planning its next meeting to include a number of bankruptcy court judges. New members are always welcome.

—Norma Ortiz, Chair

NY Business Law Journal Bankruptcy Law Committee (Summer 2011)

The Bankruptcy Law Committee met in January at NYSBA’s Annual Meeting in New York City, where we discussed the types of issues that the Committee would like to see addressed during the coming year. At the Committee’s meeting in conjunction with the Section’s spring meeting, there was a presentation on “Asset Identification and Asset Protection: Counseling Clients in Distress.” Kenneth Rubinstein, a well-known asset protection lawyer, reviewed pre-bankruptcy and pre-litigation techniques, and Philip Segal, an asset investigator, discussed some of the tools available for finding assets.

The Committee has also collaborated with the NYSBA CLE Department to present a Basics of Bankruptcy Practice course scheduled to be held throughout New York State in June. We plan to sponsor a CLE program at the Section’s fall meeting that is commercial in nature.

—Norma Ortiz, Chair

Links of Interest

For Attorneys

law.cornell.edu/topics/bankruptcy.html

This site has a good overview of bankruptcy. In addition, it has links to primary and secondary bankruptcy sources that the general practitioner, student lawyer, and bankruptcy lawyer need. Although the Nolo Legal Encyclopedia is one of those links, it is listed separately below to assist the consumer in easily accessing general information on bankruptcy.

abiworld.org

This site is recommended for the bankruptcy lawyer, the general practitioner, and the student lawyer. It contains primary materials that include international bankruptcy laws, secondary materials, and news articles. An alphabetized list of these materials may be accessed either by clicking on the site map or by clicking on the link to the site map listed in paragraph 3.

abiworld.org/sitemap.html

This link is listed separately to aid the inexperienced researcher in easily accessing the information that he/she needs. Note, however, that there is no link to international bankruptcy laws from the site map; they must be accessed from ABI’s homepage. That link is listed in paragraph 2.

nyeb.uscourts.gov

The lawyer or law student may access local rules and other information from the bankruptcy courts of New York from the first four of these links and may access any federal court from the fifth link.

thomas.loc.gov

Equally important, the lawyer or law student may track the status of federal legislation and obtain legislative history at this site.

abanet.org/abapubs/home.html

The lawyer or law student may search here for publications by the American Bar Association pertaining to bankruptcy.

For Consumers

nolo.com/lawcenter/ency/index.cfm/catlD/734BECB6-ADDE-4041-AEC595AF30EA15CE

Here, consumers may access general information on bankruptcy including, but not limited to, chapters 7 and 13 of the bankruptcy code from Nolo’s Legal Encyclopedia.

abiworld.org/consumer/proto/question.html