Bankruptcy Law Committee Activity in Review

As published in the NY Business Law Journal:

Winter 2012 NY Business Law Journal
Bankruptcy Law Committee

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

Summer 2012 NY Business Law Journal
Bankruptcy Committee

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

Winter 2011 NY Business Law Journal
Bankruptcy Committee

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

Summer 2011 NY Business Law Journal
Bankruptcy Committee

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.

We always welcome new members to join the Committee! For more information about the Bankruptcy Law Committee or to join, please visit www.nysba.org/business.

—Norma Ortiz, Chair

Spring 2009 NY Business Law Journal
Bankruptcy Committee

The Bankruptcy Law Committee has continued to work on the numerous issues arising from the financial crisis. A special subcommittee is monitoring proposed changes in law that would allow bankruptcy judges to modify mortgage terms on primary residences. The Committee sponsored a very successful full-day statewide sold-out CLE program this past October entitled "Practical Skills-Basics of Bankruptcy Practice," which was held in New York City, Buffalo, Long Island, Syracuse and Albany. In May of 2009 another statewide half-day CLE program, entitled "Consumers and Small Businesses in Distress: Using the Bankruptcy Code to Help Weather These Troubled Times," was held in New York City, Long Island, Albany, Rochester and Syracuse. The new CLE program will confront the major changes which are being implemented in foreclosure and bankruptcy law now being enacted by the Congress.

—Mark S. Tulis, Chair

Committee Honors Judge Hardin - Retirement reception and dinner held May 21, 2009

Fall 2008 NY Business Law Journal
Bankruptcy Law Committee

Jeffrey Reich on behalf of the Bankruptcy Law Committee made a presentation on sanctions and damages awarded by bankruptcy courts against mortgage lenders and on assumption of executor contracts and Chapter 13 issues at the Section’s annual meeting in September. The Committee presented a statewide CLE program on Basic Bankruptcy Skills at the end of October. Finally, a special subcommittee has been looking at alternatives to allow a partial “cram-down” of consumer home mortgages in Chapter 13 cases that would be acceptable to lending institutions (at press time, this issue was pending before the Congress).

—Mark Tulis, Chair

Spring 2008 NY Business Law Journal
Bankruptcy Committee

Over 50 lawyers, members of the Bankruptcy and other committees, attended and joined in meeting and celebrating the appointment of the three most recent S.D.N.Y and N.D.N.Y. U.S. Bankruptcy Court Judges at an early-evening cocktail reception, arranged by the outgoing Committee Chair, Paul H. Silverman. The opportunity to meet the recently appointed judges as well as other attending judges, in total 7 judges, and the U.S. Trustee for Region Two was highly appreciated by those able to attend. In addition, the Committee meeting during the Annual NYSBA Meeting was dedicated by the incoming Committee Chair Mark Tulis to discussions with the Hon. Diana Adams, the U.S. Trustee whose authority includes all of New York state and other federal Region Two states. The Committee continues to hold events that allow close contact among its members, the bench and government administrators in the judicial system in an atmosphere that allows interaction, camaraderie, and education otherwise not available. In addition, as and when appropriate, the Committee receives, thru listserve web blasts, quick summaries of recent relevant law and rule changes as well as case law highlights.

In 2008 the Committee will present a basic bankruptcy law CLE course with volunteers from the Committee freely giving their time to prepare the course book and to make presentations in Buffalo, Syracuse, Albany, Long Island, and the City of New York.

—Paul H. Silverman, Chair

Committee Welcomes New Bankrupcy Court Judges (Sept. 2007)

Fall 2007 NY Business Law Journal
Bankruptcy Committee

The Committee sponsored a reception to meet the three most recently appointed U.S. Bankruptcy Judges (Glenn, Peck and Cangilos-Ruiz) at the Penn Club in New York City on Thursday, September 20th. At the request of the Executive Committee of the Business Law Section, a sub-committee of the Bankruptcy Committee is reviewing the NYC Consumers Affairs Department’s proposed new local law that would require lawyers who engage in collection activity in NYC to be specially licensed by NYC in addition to the State law license. After review, the sub-committee will develop a proposed position for the Executive Committee to consider for the Section to approve. Over the past six months members of the Committee participated as panelists on CLE daylong programs regarding the intersection of labor and bankruptcy law and enforcing and defending against money judgments. Each program was well attended and the panelists were commended for their informative presentations. If you are interested in being involved, writing, or presenting in a future CLE program, please contact the Committee Chair, Paul H. Silverman at psilverman@mclaughlinstern.com.

—Paul Silverman, Chair

Spring 2007 NY Business Law Journal
Bankruptcy Committee

The Bankruptcy Committee is studying the effect on the practice by the BAPCA Act enacted in October 2005. Thus far the effects are focused on Chapter 13 and the Court clerical staff is abiding by and enforcing the standards set in the Act for consumer bankruptcy filings. The Chapter 11 reorganization effects will likely be felt in the coming year when the time constraints of concluding acts under the code and concluding the case itself will be upon those cases commenced after the Act became effective.

The Committee members periodically receive new and interesting case summaries through web blasts.

It is anticipated that in the coming months there will be a selection of persons desirous of being on a panel or being an author of a part of the course book for the CLE bankruptcy law program, which will include a discussion of the effects of the BAPCA Act.

—Paul Silverman, Chair

Summer 2006 NY Business Law Journal
Bankruptcy Committee

Formal educational presentations:

September 2005—New Bankruptcy Reform Act, CLE panel presentation to the Business Section members at the Fall Meeting with CLE course manual and redlined Bankruptcy Code book.

October 2005—New Bankruptcy Reform Act, CLE panel presentation, with local panels, including Judges and U.S. Trustee, in Long Island, City of New York, Westchester, Albany, Syracuse and Buffalo, with CLE course manual and redlined Bankruptcy Code book.

January 2006—Bankruptcy Claims, tips and tricks in buying and selling, CLE panel presentation at the Bankruptcy Committee meeting held during the Annual Meeting of the Business Law Section.

May 2006—Preference Recovery Actions, defending and prosecuting, CLE course by an expert in this field at the Bankruptcy Committee meeting held during the Spring Meeting of the Business Law Section.

Informal education Communications:  Throughout the year, on a periodic though unscheduled basis, the membership receives webmail advisories of new cases, advice, and rules that will assist members in their everyday practice. Also, a subcommittee on the reform of the Reform Act is in formation.