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We found 1,166 results for "The Bankruptcy Strategist"...

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.
Bankruptcy Court Highlights Pitfalls to Avoid When Retaining Experts
July 01, 2023
Simply because the expert is retained by counsel in anticipation of litigation, does not automatically render all communications privileged.
Bankruptcy Judge Dismisses 3M Unit's Earplug Case, Concluding It Had No 'Valid Reorganization Purpose'
July 01, 2023
U.S. Chief Bankruptcy Judge Jeffrey Graham found that 3M subsidiary Aearo Technologies, which is financially solvent, had no "valid reorganization purpose" to file for Chapter 11 protection last year.
Delaware Bankruptcy Court Provides Guidance On Drafting Proxies
July 01, 2023
Proxies in voting and support agreements, secured debt instruments, and other corporate documents should be drafted in a manner that fully reflects the intended scope of the parties' proxy relationship.
Third Circuit: Pre-Bankruptcy Commercial Lease Termination Not Fraudulent Transfer
June 01, 2023
Is an insolvent debtor's pre-bankruptcy termination of a commercial lease a fraudulent transfer? The circuit courts seem to be split, however a close reading of cases in the Third and Seventh Circuits shows that the reasoning of both courts can be reconciled on their facts.
Lease Terminations As Fraudulent Transfers
June 01, 2023
Is an insolvent debtor's pre-bankruptcy termination of a commercial lease a fraudulent transfer? The circuit courts seem to be split, however a close reading of cases in the Third and Seventh Circuits shows that the reasoning of both courts can be reconciled on their facts.
The Role of Third-Party Releases In Successful Chapter 11 Reorganizations
June 01, 2023
Part Two of a Two-Part Article In Part Two, we continue the analysis by evaluating two constitutional issues arising from third-party releases: whether creditor consent to be bound by a third-party release is required to satisfy the due process clause of the Fifth and Fourteenth Amendments; and whether bankruptcy courts have constitutional authority to issue final orders granting third-party releases in a plan of reorganization under Stern v. Marshall.
Fourth Circuit: Corporate Subchapter V Debtors Subject to Discharge Exceptions Under Bankruptcy Code
June 01, 2023
In a matter of first impression not yet addressed by any circuit court, the Fourth Circuit addressed whether the discharge exceptions under Section 523(a) apply to corporate debtors under Subchapter V of Chapter 11 of the Bankruptcy Code.
Appellate Court Reverses Chapter 11 Confirmation Order Based on Faulty Tax Ruling
May 01, 2023
The Northern District of California recently issued two blistering opinions on appeals by the IRS and California Franchise Tax Board from a bankruptcy court's Chapter 11 plan confirmation order and a tax determination order.
Corporate Bankruptcies and the Restructuring Solution
May 01, 2023
Recent, big-name Chapter 11 filings have brought to the light the importance of insurance solutions for companies in financial distress, as companies in this situation face oftentimes new and uncharted issues.

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