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ABA Section of Litigation
Bankruptcy & Insolvency Litigation
 

The Bankruptcy and Insolvency Litigation Committee works with the substantive and procedural aspects of bankruptcy litigation both in the bankruptcy courts and litigation in state or federal courts to the extent affected by bankruptcy and insolvency laws. The committee has developed programs and articles on a wide range of topics, including use of alternative dispute resolution techniques in bankruptcy, seminal work in developing model bankruptcy pro bono programs, the impact of bankruptcy on pending complex civil litigation, ethics, and model jury instructions for preference and fraudulent transfer actions.



 

Recent Updates
New in Circuit Notes: Florida Dept. of Revenue v. Piccadilly Cafeterias, Inc.

On June 16, 2008, the Supreme Court resolved the split in authority between the Circuit Courts of Appeal concerning whether Section 1146(a) exempts a transfer from stamp tax, when the transfer occurs prior to the conformation of a plan under Chapter 11.

 
Insolvency Along the NAFTA Highways: What You Need to Know: Canadian Paper

The article aims to provide an overview of the Canadian insolvency process while highlighting important differences between the US and Canadian insolvency regimes and identifying current legislative initiatives which could significantly impact the insolvency proceedings of US corporations doing business in Canada.

 
Insolvency Along the NAFTA Highways: What You Need to Know: Mexican Paper

This article summarizes the Mexican Bankruptcy Law (Ley de Concursos Mercantiles) published in the Federal Official Gazette on May 13, 2000, repealing the Law of Bankruptcy and Suspension of Payments of December 31, 1942, published on April 20, 1943.

 
Inside this Committee
 

Committee Leadership

Co-Chairs

Kathleen B. Burke

Cleveland, OH


John Burns

Fort Wayne, IN


Publication Co-Chairs

Mark A. Platt

Dallas, TX

Newsletter


Brett G. Harrison

Toronto, Ontario

Website


 
 

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