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

Appellate Courts Split On Bankruptcy Ownership of Malpractice Claims
April 01, 2021
Judicial hair-splitting, when applying state law to federal bankruptcy cases, creates only uncertainty.
Asserting the Common Interest Doctrine In Plan-Related Discovery
April 01, 2021
The common interest doctrine can be a powerful tool when used to block discovery of relevant and sometimes critical evidence. However, a determination of when it can be invoked requires a highly fact-intensive analysis.
How Does a Bankruptcy Litigator Move from One Law Firm to Another?
April 01, 2021
Chapter 11 work can be episodic and uneven, and while litigation skills are essential, it is also quite specialized. So, given these qualities, how does a bankruptcy litigator go about moving from one law firm to another, and what are the pitfalls?
What a Post-COVID-19 World: Debtors' Extraordinary Responses to COVID-19
March 01, 2021
The impact of the pandemic rages on and, in its path leaves many businesses and industries demolished or, at best, severely impaired. Once again, the Bankruptcy Code has been called upon to provide relief to those in dire need
ABCs As an Alternative to Bankruptcy for Implementing Distressed Transactions
March 01, 2021
Companies suffering financial distress frequently reach a crossroads where they need to either implement some type of transaction or will be forced to liquidate. In developing a plan for moving forward, management should evaluate and determine, with appropriate input from outside experts, feasible alternatives.
Consumer Bankruptcies In 2021 Can Benefit Both Client and Practitioner
March 01, 2021
As in past times of economic turmoil, it is anticipated that there will be a surge in residential foreclosures, debt collection activity, and the resultant wave of consumer bankruptcy filings.
Perfecting Notice and Saving $$
February 01, 2021
The number one goal to save money while perfecting notice should be elimination of the production and mailing of paper notices while expediting notice delivery and eliminating postage costs.
U.S. Supreme Court Allows Repossessing Secured Lender to Hold Collateral Pending Bankruptcy Stay
February 01, 2021
A secured lender's "mere retention of property [after a pre-bankruptcy–repossession] does not violate" the automatic stay provision of the Bankruptcy Code, held a unanimous U.S. Supreme Court in City of Chicago v. Fulton.
Shielding Retainer Fees Prior to Client's Bankruptcy
February 01, 2021
Which type of retainer agreement gives attorneys the best chance to preemptively shield their retainer fees before a client ends up in bankruptcy or the Department of Justice seizes and forfeits the client's assets?
Privacy Issues In Bankruptcy Proceedings
February 01, 2021
Due to the COVID-19 pandemic, some businesses are considering potential liquidation or restructuring through bankruptcy. Companies in this situation should keep privacy concerns in mind, because the handling of personal data in bankruptcy proceedings poses some unique challenges.

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    In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
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