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The decision by Chief Judge Stuart M. Bernstein of the United States Bankruptcy Court for the Southern District of New York in In re Global Service Group LLC, 316 B.R. 451 (Bankr. S.D.N.Y. 2004), provides a sense of relief not only for lenders, but also for various other participants in the bankruptcy arena who may face claims based on “deepening insolvency.” This case is especially significant because it helps define the conduct that may subject a party to liability under an amorphous concept that is still evolving.
Why Deepening Insolvency Cannot Be Ignored
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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