American Bankruptcy Institute Update

July 19, 2005

In This Issue


President Expected to Nominate Fifth Circuit Judge Edith Brown Clement to Supreme Court Tonight

Sources in Washington report that President Bush plans to nominate Fifth Circuit Appeals Court Judge Edith Brown Clement to replace Justice Sandra Day O’Connor on the Supreme Court.  Judge Clement was elevated from the district court in New Orleans in 2001.  She was confirmed then by a vote of 99-0.  She was appointed to the district court by George H.W. Bush in 1991.  Judge Clement has been involved in about 100 bankruptcy opinions while on the federal courts, including five at the appellate level.  The cases are In re Stembridge, 394 F.3d 383 (2004); In re Coho Energy, 395 F.3d 198 (2004); In re Supreme Beef Processors, 391 F.3d 629; Pipes v. Dyna Ten Corp., 389 F.3d 488 (2004), and In re Bissonnet Investments, 320 F.3d 520.  Stembridge, the most recent case, involves the valuation of the creditor’s secured collateral for purposes of a chapter 13 plan.  Applying Rash, Judge Clement wrote for a unanimous court that in order to confirm a plan under Section 1325(a), the value of the collateral should be determined as of the filing of the petition, and that the plan should provide the replacement value less any adequate protection payments already paid.

Grassley to Outline Pension Legislation This Week

Senate Finance Chairman Charles Grassley (R-Iowa) this week plans to announce the outlines of his legislation overhauling the nation's pension laws. Grassley hopes to mark up the bill during the last week of July, a spokeswoman said, according to Congress Daily.

ABI to Present Detroit Bankruptcy Conference Nov. 11

The First Annual Detroit Bankruptcy Conference: "Practice Under the New Law" will be held on Nov. 11 at the Sheraton Novi. The conference will bring together this region’s preeminent insolvency professionals for one day of intense learning on the coming new Code. Topics will include: tax changes, U.S. Trustee implementation, chapter 13 changes, exempt property, domestic support changes, the new world of chapter 11, small business rules, strategies in real estate cases, lease rules, preference and reclamation issues and ethics.

Click here to register.

ABI Releases New Edition of Health Care Insolvency Manual

ABI has just released a timely second edition of ABI’s Health Care Insolvency Manual, which includes the significant health care and nonprofit provisions of the newly enacted Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. The manual is an expanded and updated version of the first edition published in 1997. Written by leading health care and bankruptcy practitioners, it covers such topics as the structure of different types of health care providers, the unique executory contract issues involved in health care cases, fraud and abuse, Medicare and Medicaid fundamentals and much more. William W. Kannel (Mintz Levin et al, Boston) and David C. Hillman (Verrill Dana, Portland, Maine) are co-editors. The 224-page book is available for purchase here. Member price is $15 and non-member price is $20.

Donít Miss ABIís Webinar on Business Bankruptcy Under the New Law

ABI’s webinar, “Business Bankruptcy III” will take place at 2:00 p.m. (ET) on Thursday, July 21. The webinar will cover such critical topics as: expanded role for the U.S. Trustee, health care cases under the new rules, international/cross-border cases under the new chapter 15, the new chapter 12, new appellate procedure and financial contracts modernization.

Featured speakers include: Jonathan Friedland of Kirkland & Ellis LLP (Chicago); William W. Kannel of Mintz, Levin, Cohn, Ferris, Glovsky & Popeo PC ( Boston); Joseph Peiffer of Day Rettig Peiffer PC, (Cedar Rapids, Iowa); and Keith Shapiro, Greenberg Traurig LLP (Chicago).

Register online today!

Asset Sales Committee E-Newsletter Available Online

The July issue of ABI’s Asset Sales Committee e-newsletter is available online. Read articles on how to identify intangible assets in a bankruptcy or reorganization for the purpose of valuing, marketing or securitizing them and an overview of limits on the sale of personally identifiable information under the new law.

Register by July 22 to Attend ABIís Southwest Bankruptcy Conference and Save

The Four Seasons Las Vegas, will be host to the 13th Annual Southwest Bankruptcy Conference, September 8–11, 2005. Register by this Friday, July 22 and save $50 off the regular registration fee. The program of 12 CLE credit hours (including 1.5 hours of ethics) features a faculty of outstanding scholars, judges and practitioners from across the United States. Timely topics are all updated with the latest legislative revisions.

To register, click here.

ABI World Tutorial Highlights Search Engine

Do You Know?

A new online tutorial focuses on the capability of ABI’s search engine. The tutorial features a visual demonstration of how to use the online search engine and locate documents quickly and easily on a particular bankruptcy topic within the thousands of articles, reports, publications, court documents and many other sources available at the ABI World web site. This is the third in a series of tutorials that highlight the many resources and services available at ABI World.

New Opinions Posted Online

Western District of Pennsylvania

In re Global Industrial Technologies Inc. - July 2005

Eastern District of Virginia

In re Herbert T. Gill - June 2005

Central District of California

In re Rebel Rents Inc. - July 2005

In re Kristine Ortenzo Hayes and John Hayes - June 2005

Southern District of Ohio

In re Linda J. Strahm - July 2005

Latest Job Postings at ABI Career Center

Check out the ABI Career Center. The Center is a one-stop site for job seekers and employers in the insolvency community. Career Center resources are available free to both employers and job seekers. New positions are featured daily. The latest listings include: