Features
Top Bankruptcy Partners Rates Are Climbing
The trend of above-average rate increases began during the pandemic.
Features
Three Things Trustees Should Know About Due Diligence in Preference Litigation
Courts have struggled with the interpretation of the 2019 amendment to Section 547, specifically whether the due diligence requirement is an element of a preference claim that must be adequately pleaded in the plaintiff's complaint. While the law is still developing, there are three important takeaways for trustees to consider.
Features
Split Second Circuit Narrows Bankruptcy Code's Settlement Payment Safe Harbor
The majority was sensibly concerned with the possible structuring of leveraged buyouts by artful counsel who would use a financial institution as a "mere conduit" to exploit the Code's safe harbor.
Features
Distressed Real Estate Bankruptcies Continue, Despite Interest Rate Peak
Although interest rates may have peaked, we continue to expect a large volume of distressed real estate debtors to utilize the bankruptcy system over the next couple of years. This article analyzes two recent decisions regarding distressed real estate bankruptcies, both of which involve rights of real estate lenders against proceeds of collateral other than the real estate itself.
Features
To What Extent Does a Bankruptcy Court Have Jurisdiction Over a Post-Confirmation Lawsuit?
In the recent decision of Tew v. ED&F Man Capital Markets, the U.S. Bankruptcy Court for the Eastern District of Kentucky addressed a thorny decision for all bankruptcy courts, namely to what extent a bankruptcy court has jurisdiction over a post-confirmation lawsuit.
Features
Following Uptick In 2023, Bankruptcy Lawyers Are Expecting a Busy 2024
Predictions of an uptick in bankruptcy filings came true this year, and bankruptcy lawyers are expecting a steady continuation into 2024, with the use of alternative approaches continuing to increase.
Features
The Bankruptcy Strategist Is Going Digital Only. Here's What You Need to Know.
The final print edition of The Bankruptcy Strategist will be our January issue.
Features
Litigation Finance Offers Significant Benefits for Restructuring Matters
In today's volatile economic climate, companies need to be more creative to find ways to mitigate risk. Litigation finance is one of those out-of-the-box solutions that can provide benefits.
Features
Key Win Likely for Commercial Shopping Center Lessor In Second Circuit
The Second Circuit, on remand from the U.S. Supreme Court, further remanded to the district court the key issue of whether the Chapter 11 debtor gave "adequate assurance of future performance of" a commercial real property shopping center lease "as required by [Bankruptcy Code] §365(b)(3)(A)," after the debtor's assignment of its lease.
Features
CA Bankruptcy Court Throws Regulatory Concerns Aside and Sides With Cannabis Business' Chapter 11 Plan
While this case does not fully open the courthouse doors to cannabis-related businesses and seemingly grants the bankruptcy courts a great deal of discretion when ruling on similar cases in the future, cannabis-related businesses may now have a roadmap to pursue reorganization.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Strategic Uses of a Rule 2004 ExamWhile most bankruptcy practitioners are familiar with the basic concepts behind the Rule 2004 exam, some are less familiar with the procedural intricacies of obtaining, conducting, and responding to the exam ' intricacies that often involve practices and procedures adapted from civil discovery that are beyond the scope of pure bankruptcy practice. This article explains.Read More ›
- COVID-19: Economic Stimulus and SBA LoansA summary of information on the various provisions under the new federal economic stimulus package.Read More ›
- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›
- Strategy vs. Tactics: Two Sides of a Difficult CoinWith each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.Read More ›