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We found 1,158 results for "The Bankruptcy Strategist"...

AI, Crypto, and Fraud: Bankruptcy Court Limits Jurisdiction Over Nondebtor Claims
April 30, 2025
The intersection of artificial intelligence and cryptocurrency was involved in a recent decision where the U.S. Bankruptcy Court for the District of Delaware dismissed claims against an alleged participant in a scheme that induced investors to fund over $30 million in an artificial intelligence company designed to generate revenue from enhanced cryptocurrency mining.
Shifting Jurisdiction Prior to Bankruptcy Filing Must Be In Best Interest of Creditors
April 30, 2025
Bankruptcy courts typically scrutinize transactions that attempt to shift the jurisdiction or activities of a debtor, prior to filing for bankruptcy, on the basis that such actions may thwart creditor expectations or accomplish other improper objectives.
Johnson & Johnson the Latest to Employ the “Texas Two-Step”
April 30, 2025
Plaintiff attorneys are grappling with the fear of the rise of big companies utilizing bankruptcy court to skirt large final or anticipated judgments. The most recent and high-profile example is Johnson & Johnson’s alleged attempt to utilize this move in its talc bankruptcy litigation.
The Barton Doctrine: Suit Against Receiver Did Not Require Court Permission
March 31, 2025
The Fifth Circuit recently addressed a new fact pattern and issue concerning the Barton doctrine: whether a receiver appointed in a state court action could be sued in a subsequent bankruptcy case of the debtor absent court permission.
District Court Affirms Bankruptcy Court Conversion of Subchapter V Case to Chapter 7
March 31, 2025
The U.S. District Court for the Southern District of New York affirmed a decision by the U.S. Bankruptcy Court for the Southern District of New York converting a debtor’s Subchapter V case to a Chapter 7 case. In particular, the district court found that the bankruptcy court’s decision to convert was not an abuse of discretion, especially in light of the serious conflicts of interest that existed between the debtor and the potential target of significant fraudulent transfer claims held by the debtor’s estate.
Chapter 11 Not Safe Harbor for Debtor to Delay Creditors, Bankruptcy Court Rules
March 31, 2025
A ruling by a federal bankruptcy judge in New York denying attorney’s fees to a debtor’s counsel sends a startling reminder to attorneys and clients alike. The Chapter 11 process is not intended to be a safe harbor for a debtor solely to delay creditors or circumvent other legal proceedings.
Court Allows Nonconsensual Releases of Third-Party Claims to Be Included In Settlement Agreement
March 31, 2025
The bankruptcy bar and courts are attempting to determine the breadth and depth of the Purdue ruling both as to what constitutes consent under a plan of reorganization and whether Purdue applies to other bankruptcy proceedings, including a sale of assets under section 363 of the Bankruptcy Code, free and clear of claims, and approval of settlements. The U.S. Bankruptcy Court for the Eastern District of Virginia recently faced these issues.
Bankruptcy Experts Debate Intersection of Mass Torts and Bankruptcy
March 31, 2025
Perhaps the debate over whether multidistrict litigation or bankruptcy is a better vehicle to resolve mass torts need not be binary. Bankruptcy experts recently discussed the increasingly busy intersection of mass torts and bankruptcy as part of a discussion sponsored by the UC Berkeley School of Law ’s Civil Justice Research Initiative.
Harmonizing a Debtor’s Right to File for Bankruptcy Against a Creditor’s Desire to Protect Its Financial Interests
March 01, 2025
How to harmonize a debtor’s right to file against a creditor’s desire to protect its financial interests in that debtor has sparked a number of different judicial opinions.
Did 'FTX' Start Trend of Using the Threat of an Examiner Costs and Complications As a Source of Leverage?
March 01, 2025
There are some indications that parties may in fact be using the threat of an examiner and its associated costs and complications as a source of leverage, although the jury is still out on the full impact of the FTX decision on examiner motion practice.

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