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

The Domesticity Barrier to Recognition of a Foreign Proceeding Under Chapter 15
August 01, 2018
<b><i>How Low Can You Go?</b></i><p>In <i>In re B.C.I. Finances Pty Limited,</i> Judge Sean Lane reiterated the low domestic presence threshold (Domesticity) that a foreign representative must meet when it is petitioning for recognition of a foreign proceeding under Chapter 15.
Lease Rejection in Shiekh Shoes
August 01, 2018
Store closing or liquidation sales are a routine part of Chapter 11 cases involving retail debtors. These sales are consistently authorized by bankruptcy…
Due Diligence in Distressed Community Hospitals
August 01, 2018
Many community hospitals are in distress. The causes are varied but have a constant theme — the cost to adapt to a rapidly changing environment.
Fifth Circuit Affirms Shareholder Veto of Chapter 11 Petition
July 01, 2018
“Federal law does not prevent a bona fide shareholder from exercising its right to vote against a bankruptcy petition just because it is also an unsecured creditor,” held the U.S. Court of Appeals for the Fifth Circuit in <i>In re Franchise Services of North America, Inc.</i> According to the court, applicable Delaware law would not “nullify the shareholder's right to vote against the bankruptcy petition.”
State Attorney-Client Privilege Rule Incorporated into Federal Law
July 01, 2018
<b><i>Delaware Bankruptcy Court Protects Communications with Financial Professionals Originating In Delaware</b></i><p>Because state law applies at the time the transaction is negotiated, the parties might assume — reasonably so — that state privilege law will govern communications with their attorneys and financial professionals. But what happens if, years later, a fraudulent transfer plaintiff files suit in federal court and brings claims under federal law? Does state privilege law still apply?
Chapter 11 Plan Proponents: Getting Service Right
July 01, 2018
This article reviews the detailed service basics of Rule 3017 of the Federal Rules of Bankruptcy Procedure and relevant portions of Rule 2002. In addition, it provides some tips on how to save time and money when executing service.
Will Law Firms Be Ready When the Next Recession Hits?
July 01, 2018
<b><i>The Bottom Is Eventually Going to Drop on the U.S. Economy, and Many Law Firms Won't Be Positioned to Handle the Fallout</b></i><p>No economic expansion lasts forever. That's a hard-and-fast truth of macroeconomics, one that's on the minds of certain law firm leaders.
New Bill Would Protect Law Licenses of Student Loan Defaulters
July 01, 2018
Nineteen states currently allow government agencies to revoke the professional licenses — including law licenses — of student loan defaulters. But that may change.
Second Circuit Rejects Arbitration of Debtor's Asserted Discharge Violation
June 01, 2018
A bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.
Current Issues In Enforcing Judgments Against LLCs
June 01, 2018
When a creditor obtains a judgment against a debtor, the debtor's assets are sometimes held in membership interests in an LLC, which presents challenges for the creditor seeking recovery. The Uniform LLC Law provided for a charging order in such instances. Although the precise terms of each state's LLC laws vary, some version of the charging order procedure is available in all states.

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  • Lack of Logo Placement At Center of Ruling Over Meat Loaf Album Packaging
    To build visibility for its brand, a record label or production company will want its logo included on products containing its master recordings manufactured and distributed by third parties. This will be addressed in the agreement between the label or production company and manufacturer/distributor. The failure to include the logo may raise a host of issues, from the breadth of the logo-placement obligation ' such as whether it includes Internet downloads ' to the proper theory on which to base any damages and just which album-sales figures are subject to evidentiary discovery. A recent ruling by the U.S. Court of Appeals for the Sixth Circuit ' in a long-running dispute between Cleveland International Records and Sony Music Entertainment ' illustrated how these issues may be argued and decided.
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