Publications

Ken Brown cowrote this article discussing the recent opinion of the Bankruptcy Appellate Panel for the Ninth Circuit of Appeals in Iida v. Kitahara (In re Iida), which held that the foreign trustee of a Japanese debtor could exercise his authority over the foreign debtor's Hawaiian assets without authorization from a U.S. court. Article made available with the permission of the American Bankruptcy Institute.

This article, coauthored by Sam Maizel, reviews the statistics related to the appointment of a PCO, with some surprising results; and examines the evolving precedent regarding when bankruptcy courts will either find that the appointment of a PCO is inappropriate, because the case is simply not the bankruptcy of a "health care business" despite the health care-related services that the business provides, or that the appointment of the PCO is unnecessary "under the facts of the case." This article is part of a featured column Mr. Maizel writes for the ABI Journal, "Intensive Care." Article made available with the permission of the American Bankruptcy Institute.