Between Boy Scouts, Weinstein, USA Gymnastics, and the many Diocese cases, the number of bankruptcy cases involving sex abuse-related claims and litigation has steadily increased. Join us for an engaging discussion of the issues and...
U.S. inflation recently hit a headline-grabbing, 40-year high of 8.6%. Alarming as that may be, it pales in comparison to the increase in U.S. Trustee fees Congress imposed in 2017. Most debtors experienced fee hikes of at least 700%, while some saw increases of as much as 1,250%. The sticker shock...
While companies and advisors understand that communications and stakeholder relations have an important role to play in a successful restructuring process, the need to effectively plan for and manage communications in mass tort Chapter 11 cases is significantly heightened. The restructuring process...
In bankruptcy law, insurance neutrality is closely related to the issue of standing. A bankruptcy plan of reorganization is insurance neutral if it does not increase an insurer’s “pre-petition obligations nor impair their pre-petition contractual rights under the subject insurance policies.” In re...
In recent years, Bankruptcy Courts have seen an influx of bankruptcies that primarily result from a debtor’s outstanding mass tort liability. While many commentators focus on plan confirmation issues, such as non-debtor releases, mass tort bankruptcies pose unique challenges in the solicitation and...
Insolvency and restructuring proceedings under Canada’s Companies' Creditors Arrangement Act (CCAA) have come a long way over the last 20 or so years. There was a time when a company couldn’t hope to benefit from CCAA protection without a clear path to restructuring its business and settling its...
How mass torts may be addressed through a bankruptcy process is a topic garnering significant academic and practical attention, but for which there is no easily identifiable solution. Although a fundamental goal of U.S. bankruptcy laws is to give debtors a financial fresh start from burdensome...
Welcome to the mass torts issue of the TMA JCR . This issue introduces some new moves for restructuring and bankruptcy professionals. At its most simplistic level, a mass tort is a civil action that involves a high number of plaintiffs against one or a few defendants. These lawsuits, which may be...
As we journey into the second half of 2022, this is a good time to pause and reflect on where we are as an organization and how we continue to improve on what it means to be a member of TMA. When we opened the year, two notable projects were at the forefront. The first was our Strategic Planning...
This month’s issue of the JCR tackles the hot topic of mass tort bankruptcies. Many of today’s restructuring professionals weren’t practicing in the early 1980s when Congress and the courts began to grapple with mass tort bankruptcies in the context of asbestos insolvencies. And yet, nearly 40...
