Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Search

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

Update On Bankruptcy Appellate Practice: Part One — Appellate Standing
December 01, 2021
Recent cases show that appellate courts continue to wrestle with standing, jurisdiction, mootness, excusable neglect and finality, among other things. The following overview, in a series of installments, shows what the courts have been addressing during just the past three years. This first installment will cover appellate standing.
Guidance on Distributions As 'Disbursements' and U.S. Trustee Fees
December 01, 2021
In a recent case from the Bankruptcy Court for the District of Delaware, In re Paragon Offshore PLC, the bankruptcy court provided guidance on whether a post-plan effective date litigation trust's distributions constituted disbursements subject to the U.S. Trustee fee "tax."
SCOTUS Passes on Bankruptcy Law Cases, Leaving Circuit Court Splits
December 01, 2021
'Purdue Pharma' Looms Although four cases presenting important bankruptcy issues were teed up for the Supreme Court's consideration this term, the Court denied certiorari for each. Each of these petitions involve splits among the circuit courts of appeals, influencing choice of venue and the extent to which bankruptcy decisions are subject to meaningful appeal.
State Attorneys General Issue Support for Bankruptcy Venue Reform Legislation
December 01, 2021
Attorneys general from 41 states, along with Puerto Rico and Guam, have issued a statement in support of legislation before Congress geared toward stopping corporations from venue-shopping bankruptcy cases.
Lateral Market for Bankruptcy Lawyers Not Stifled By Chapter 11 Slowdown
December 01, 2021
After a year filled with filings, commercial Chapter 11 bankruptcies fell off a cliff in 2021, causing bankruptcy lawyers to work on out-of-court restructurings or pivot to practices with overlapping skills such as real estate and commercial litigation.
Appellate Court Holds FCC Penalty Claim Survives Chapter 11 Corporate Debtor's Discharge
November 01, 2021
A Chapter 11 corporate debtor's monetary penalty obligation owed to the FCC, resulting from "fraud on consumers," survived the debtor's reorganization plan discharge, even when the FCC "was not a victim of the fraud," the U.S. District Court for the Southern District of New York recently held.
Payment Under Critical Vendor Order Does Not Bar Pursuing a Preference Claim
November 01, 2021
A supplier's receipt of payment under a critical vendor order does not bar the debtor or trustee from pursuing a preference claim to recover amounts paid prepetition to the vendor, according to a recent ruling from the U.S. Bankruptcy Court for the District of Delaware.
Bankruptcy Court Provides Clarity on Unwritten Elements of Avoidance Actions under the Bankruptcy Code
November 01, 2021
The U.S. Bankruptcy Court for the District of New Mexico recently ruled that any attempt to avoid preferential or fraudulent transfers must be supported by evidence that the avoidance will benefit the debtor's estate and the debtor's creditors — not just the debtor itself.
Plaintiffs Bar Not Happy with J&J's Shift of Liability to Victim Fund
November 01, 2021
A bankruptcy filing allows Johnson & Johnson to shift legal liability over its talc-based baby powder into a potential $2 billion compensation program for cancer victims, but not without a big fight from the plaintiffs bar.
Retention of Title Disputes: Don't Take the Uniform Commercial Code for Granted
October 01, 2021
This article reminds us of the conflict-of-laws analysis at the heart of such retention of title disputes, and then discuss the multi-step UCC analysis that is also required.

MOST POPULAR STORIES