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The Bankruptcy Strategist
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Articles from Related Newsletters
Subprime Mortgages and D&O Coverage: Will Insurers Pay and for What?
The Insurance Coverage Law Bulletin
As the wave of litigation related to subprime defaults builds momentum, the people and institutions targeted by that litigation are looking to their insurers for reimbursement of the costs of defending those actions and any resulting liabilities.

Don’t Lien On Me: Considerations for Commercial Landlords When Tenants Improve Property
Commercial Leasing Law & Strategy
Commercial landlords need to be aware of the specific mechanic’s lien laws in the states in which they own property and take all appropriate steps to ensure that their property does not become subject to a lien as a result of their tenant’s improvements.

Spring-Loading Options
The Corporate Counselor
Delaware courts are beginning to analyze claims concerning the controversial practice of spring-loading options. Spring-loading is the granting of options just prior to the release of favorable company information (in the company’s possession at the time of the grant). The options are granted at a market price on the day of the grant.

New UCC Legislation: The Creation of a Substantial Debtor Name Due Diligence Burden
LJN's Equipment Leasing Newsletter
Two states recently enacted non-uniform amendments to UCC Article 9 that should be of urgent concern to the equipment leasing and finance industry.

Top Stories
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Headlines
Termination Premiums Under ERISA Held to Be Dischargeable Prepetition Claims
In a matter of first impression, the United States Bankruptcy Court for the Southern District of New York held that the termination premiums assessed against Oneida Ltd. as a result of the termination of one of Oneida’s pension plans during its Chapter 11 case were prepetition “claims” (as defined in § 101(5) of the Bankruptcy Code) that were discharged under Oneida’s confirmed plan of reorganization.

A Quagmire of Obligations
Pending in bankruptcy court in Corpus Christi, TX, is In re ASARCO, LLC, et al., the largest environmental bankruptcy case ever filed. This article explores the ramifications of the case.

Rediscovering Chapter 9
Even though Chapter 9 of the Bankruptcy Code has been in effect for over 30 years, fewer than 100 cases have been filed during that time. Municipal bankruptcy cases — or, more accurately, proceedings involving the adjustment of a municipality’s debts — are a rarity, compared with reorganization cases under Chapter 11.

May Issue in PDF Format