Govt. Claims/Sovereign Immunity

The following session took place during the 2024 Caribbean Insolvency Symposium in January 2024. Receiverships under state law have become an increasingly popular and meaningful alternative to bankruptcy, specifically when there are events of fraud, misappropriations of assets and related regulatory-body involvement. This panel will examine the basics of such receiverships and, given the current state of federal law (which excludes cannabis-related businesses from bankruptcy), will use the cannabis industry as an example to discuss the details, benefits and potential pitfalls of state court receiverships for highly regulated businesses. The panelists also will explore the Uniform Commercial Real Estate Receivership Act. All sessions from this conference can be accessed at https://cle.abi.org/.

Materials are available here.

Speakers:

Joel E. Cohen
Stout | New York
Camisha L. Simmons
Simmons Legal Law Firm PLLC | Dallas
Heidi N. Urness
McGlinchey Stafford PLLC | Seattle
Erik B. Weinick
Otterbourg P.C. | New York

The following session took place during ABI/GULC "Views From the Bench" in September 2018. This panel will discuss safe harbors after Merit Management, the reach of the UFTA after Crystallex, and the preemption of creditor claims after Tribune and Physiotherapy Holdings, and will take a look at where the law is heading. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Philip D. Anker, Moderator
WilmerHale; New York
Hon. Michelle M. Harner
U.S. Bankruptcy Court (D. Md.); Baltimore
Hon. John K. Sherwood
U.S. Bankruptcy Court (D. N.J.); Newark
Hon. S. Martin Teel, Jr.
U.S. Bankruptcy Court (D. D.C.); Washington
Michael B. Schaedle, Facilitator
Blank Rome LLP; Philadelphia