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We found 1,149 results for "The Bankruptcy Strategist"...

Bankruptcy Court Says Bankruptcy Case Is 'Filed' When Uploaded, Not Stamped
September 01, 2023
The U.S. Bankruptcy Court for the Southern District of New York summed up the importance of the determination as to when a bankruptcy case is actually filed of record, thereby triggering the imposition of the automatic stay and found that the "upload" time of a bankruptcy filing — and not the time physically "stamped" on a bankruptcy petition — determines when a case is commenced. In doing so, the Bankruptcy Court offered direction and guidelines that debtors and creditors will be well advised to observe in future cases.
Fourth Circuit Ruling Underscores Judicial Divide On Use of 'Texas Two-Step'
September 01, 2023
A sharply divided U.S. Court of Appeals for the Fourth Circuit ruling shielding a nondebtor in bankruptcy proceedings from asbestos lawsuits underscores the wider and growing divide among judges across the country on the bounds of Chapter 11 protection and corporations' use of the "Texas two-step" to address mass tort litigation.
Novel Issues of Chapter 11 Mass Tort and Complex Claims Cases Impact Claims Against Unrelated Debtors
September 01, 2023
Chapter 11 cases involving mass tort and complex personal injury claims often require the resolution of novel legal issues that stretch the bounds of existing precedent. As these cases evolve, they can also impact claims against other debtors unrelated to the case at hand through court-approved injunctions, releases or settlements.
After Dismissal of J&J's Second Talc Bankruptcy, Plaintiffs Lawyers Call for Consolidated Trials
September 01, 2023
With the dismissal of Johnson & Johnson's second talc bankruptcy, plaintiffs lawyers are doubling down on their plans to pursue trials across the country.
Evolution of Pre-Bankruptcy Planning Raises Questions of Good Faith
August 01, 2023
In recent years, as extensive pre-bankruptcy planning has evolved, bankruptcy filings frequently involve affiliates of larger companies, engineered with a structuring of liabilities in mind. The question of whether these targeted filings are for a legitimate bankruptcy purpose or should be dismissed has been the subject of significant high-profile litigation.
How the Texas Two-Step Changes How Plaintiffs Litigate Mass Torts
August 01, 2023
By enabling defendants to shield themselves from mass tort liability, the "Texas Two-Step" is a new obstacle for plaintiffs pursuing mass tort cases against manufacturers of dangerous products.
Bankruptcy Considerations When There Is a Default On A Redevelopment Project
August 01, 2023
If economic pressures become intense and defaults are a possibility, redevelopers and their lenders will be driven to consider the unique issues presented when there is a default on a redevelopment project, including consideration of a bankruptcy filing to stave-off creditor lawsuits or real estate foreclosure
Could the $18.8M Talc Verdict Threaten J&J's Bankruptcy Plan?
August 01, 2023
The verdict, which excluded punitive damages, could have been much larger. But the jury's award has the potential to threaten the $8.9 billion settlement and, as a result, a proposed Chapter 11 reorganization plan in the bankruptcy of Johnson & Johnson's LTL Management.
Second Circuit Affirms Slashing of Unreasonable Fees In Dismissed Involuntary Bankruptcy Case
July 01, 2023
An involuntary bankruptcy petition is a limited, risky remedy for both creditors' counsel and debtor's counsel. The fee problems encountered by counsel for the petitioners and the putative debtor in this case provide a cautionary tale.
Second Circuit Sets Up Seven-Factor Test for Third-Party Releases In Bankruptcy Cases
July 01, 2023
The Second Circuit had a tough call to make in the Purdue Pharmacy bankruptcy appeal: What to do about the release given to the Sackler families who had agreed to contribute $5.5 to $6 billion to Purdue's reorganization plan but were not themselves in bankruptcy.

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