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We found 1,170 results for "The Bankruptcy Strategist"...

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.
Second Circuit Applies Federal Bankruptcy Law, Not Securities Law, In Madoff SIPA Liquidation
October 01, 2021
The Second Circuit applied federal bankruptcy law when holding that good faith is an affirmative defense.
Congress Seeks to Restrict Nondebtor Releases in New Bankruptcy Reform Bill
October 01, 2021
Members of Congress recently introduced the Nondebtor Release Prohibition Act, which proposes to amend the Bankruptcy Code to, among other things, restrict courts' ability to approve third-party releases of nondebtors and related injunctions under plans of reorganization or otherwise in Chapter 11 cases.
Authority to File Chapter 11: A Matter of Contract or Public Policy?
September 01, 2021
If you think public policy favoring the freedom to file a Chapter 11 trumps the freedom to negotiate specific restrictions to such a filing, think again.
Supreme Court's Denial to Hear Student Debt Discharge Case Leaves Ambiguity
September 01, 2021
With federal student loan forbearance set to expire at the end of September, many hoped the high court would provide, if not clarity, at least uniformity for the millions of Americans who currently are on the hook for student loans.
Abbreviated Name Makes UCC Financing Statement Defective
September 01, 2021
In In re Bryant, the U.S. Bankruptcy Court for the Middle District of Georgia determined that a lender's UCC-1 financing statements were "seriously misleading" under the Georgia Commercial Code because the financing statements identified the individual debtor with his middle name abbreviated.
Sixth Circuit: Section 363 Sale Not 'Free and Clear' of Creditor's Claims
September 01, 2021
Buyers generally assume that the multi-page "free and clear" order, which typically follows the sale hearing, will insulate them from any of the seller's current (and often) future liabilities. However, that is not always the case.

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