ABI Journal's March 2011 Table of Contents

2 March 2011 ABI Journal In This Issue Conference/Event Schedule 4 Benchnotes 6 Legislative Highlights 8 Legislative Update 10 Bankruptcy Crossword 62 Endowment Annual Report 64 ABC Update 82 Annual Spring Meeting 84 Inside ABI 88 Features “Sovereign Citizens”: Fringe in the Courtroom by Leslie R. Masterson cover Can a Creditors’ Committee Be Granted Standing to Sue for Breach of Fiduciary Duty? by Russell C. Silberglied 16 Ninth Circuit Finds No General Alter-Ego Cause of Action under California Law by Travis Powers 22 An Update on Second-Lien Financings and Intercreditor Agreements: Part II by Mark N. Berman and Jo Ann J. Brighton 28 Rights, Remedies Available in Litigation by FDIC and Its Transferrees under Federal Law by Jimmy L. Paul and David H. Martin 32 Eleventh Circuit: Good Faith Is Required for Mere-Conduit Defense to § 550(a) by Lori V. Vaughn 36 Secured Creditor’s Pre-Petition Strict Foreclosure Strips Debtor of Ownership of Assets by Walter Benzija 42 Can § 547 Be Used to Avoid Foreign Transaction? by Thomas R. Slome and Jessica G. Berman 46 Expert Witness Reports: Get the Draft? by Jeffrey W. Linstrom 52 Columns Caution: Collecting Child Support Payments May Violate § 1327 Stay by Frederick F. Rudzik Bankruptcy Courts Respond to Foreclosure Crisis with Loss-Mitigation Programs by John Rao Issues Facing Patient Care Ombudsmen by Andrew Troop and Joseph V. Zujkowski Structured Dismissals, or Cases Dismissed Outside of Code’s Structure? by Nan Roberts Eitel, T. Patrick Tinker and Lisa L. Lambert Decision Permits Employment of Professionals without Requiring Waiver of Pre-Petition Claim by Kathy L. Yeatter Rule 6006 Service Requirements by Kenneth M. Misken and Mary Joanne Dowd France’s New Fast-Track Safeguard Law by Adam Gallagher Is It All about Time? The End of Frenville and Its Impact on Environmental Claims by C.R. “Chip” Bowles, Jr. Hijacked or Ransomed: Trustees Cope with a Confusing Supreme Court Decision by Henry E. Hildebrand III Helping Chapter 13 Homeowners Keep Homes by Kevin R. Anderson and Rebecca B. Connelly Z-Score Performance Amid Great Recession by Gina Gutzeit and John Yozzo Chapter 15 Applies to Australian Liquidation by Richard J. Corbi Silence as Deemed Consent to Voluntary Third-Party Releases in a Chapter 11 Plan by Gregory G. Hesse, Scott H. Bernstein and Robert A. Rich “Negative Equity” PMSIs Get Taken for a Ride by Timothy S. McFadden Utilizing Bankruptcy Law to Avoid Taxes by Ari Allan Schnall New Jersey Bankruptcy Rules Annotated Reviewed by Paul J. Labov The Independent-Investor Test in Shareholder/Executive Compensation Analyses by Robert F. Reilly Straight & Narrow 24 On Our Watch 20 Practice & Procedure 26 European Update 30 Toxins-Are-Us 34 Consumer Corner 14 Affairs of State 12 Intensive Care 18 Trustee Talk I 38 Trustee Talk II 40 Turnaround Topics 44 The International Scene 48 On the Edge 50 Lien on Me 54 Student Gallery 56 Suggested Reading 58 Value & Cents 60

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ABI Journal's March 2011 is now available online for ABI members. Check it out at: journal.abi.org

Transcript of ABI Journal's March 2011 Table of Contents

Page 1: ABI Journal's March 2011 Table of Contents

2 March 2011 ABI Journal

InThisIssueConference/Event Schedule 4Benchnotes 6Legislative Highlights 8Legislative Update 10Bankruptcy Crossword 62Endowment Annual Report 64ABC Update 82Annual Spring Meeting 84Inside ABI 88Features

“Sovereign Citizens”: Fringe in the Courtroom by Leslie R. Masterson coverCan a Creditors’ Committee Be Granted Standing to Sue for Breach of Fiduciary Duty? by Russell C. Silberglied 16Ninth Circuit Finds No General Alter-Ego Cause of Action under California Law by Travis Powers 22An Update on Second-Lien Financings and Intercreditor Agreements: Part II by Mark N. Berman and Jo Ann J. Brighton 28Rights, Remedies Available in Litigation by FDIC and Its Transferrees under Federal Law by Jimmy L. Paul and David H. Martin 32Eleventh Circuit: Good Faith Is Required for Mere-Conduit Defense to § 550(a) by Lori V. Vaughn 36Secured Creditor’s Pre-Petition Strict Foreclosure Strips Debtor of Ownership of Assets by Walter Benzija 42Can § 547 Be Used to Avoid Foreign Transaction? by Thomas R. Slome and Jessica G. Berman 46Expert Witness Reports: Get the Draft? by Jeffrey W. Linstrom 52

ColumnsCaution: Collecting Child Support Payments May Violate § 1327 Stay by Frederick F. Rudzik

Bankruptcy Courts Respond to Foreclosure Crisis with Loss-Mitigation Programs by John Rao

Issues Facing Patient Care Ombudsmen by Andrew Troop and Joseph V. Zujkowski

Structured Dismissals, or Cases Dismissed Outside of Code’s Structure? by Nan Roberts Eitel, T. Patrick Tinker and Lisa L. Lambert

Decision Permits Employment of Professionals without Requiring Waiver of Pre-Petition Claim by Kathy L. Yeatter

Rule 6006 Service Requirements by Kenneth M. Misken and Mary Joanne Dowd

France’s New Fast-Track Safeguard Law by Adam Gallagher

Is It All about Time? The End of Frenville and Its Impact on Environmental Claims by C.R. “Chip” Bowles, Jr.

Hijacked or Ransomed: Trustees Cope with a Confusing Supreme Court Decision by Henry E. Hildebrand III

Helping Chapter 13 Homeowners Keep Homes by Kevin R. Anderson and Rebecca B. Connelly

Z-Score Performance Amid Great Recession by Gina Gutzeit and John Yozzo

Chapter 15 Applies to Australian Liquidation by Richard J. Corbi