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

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.
Chapter 15 Practice: U.S. Venue Selection Clause Does Not Trump Distribution Scheme in Italian Restructuring Plan
June 01, 2018
The U.S. Bankruptcy Court for the District of Delaware recently ruled that choice of law and venue selection provisions in a contract between a U.S. creditor and Italian debtor did not trump the debt restructuring plan approved by an Italian bankruptcy court.
How the New UST Fee Schedule Is a Ticking Tax-Bomb for Middle Market Debtors
May 01, 2018
As of Jan. 1, 2018, each jointly administered debtor with quarterly disbursements of at least $1,000,000 must pay a fee of 1% of all disbursements, up to $250,000 per quarter. Although this change in the law was only intended to address shortfalls in UST funding, it has taken a little-noticed component of bankruptcy and magnified it into a ticking tax-bomb for unsuspecting debtors and their lenders.
Ninth Circuit Ruling Eases Plan Acceptance Requirement in Multi-Debtor Plans of Reorganization
May 01, 2018
In a case of first impression at the circuit level, the United States Court of Appeals for the Ninth Circuit held that section 1129(a)(10) of the Bankruptcy Code — which requires a favorable vote of at least one impaired class of creditors in order to confirm a Chapter 11 plan — applies on a “per-plan” basis, rather than a “per-debtor” basis.
SCOTUS Recap: What Lies Ahead for the Lower Courts' Tests for “Non-Statutory Insiders”
May 01, 2018
Ultimately, <i>Village at Lakeridge</i> is noteworthy for what the Supreme Court did not decide. In granting <i>certiorari</i>, the Supreme Court declined to address whether the lower courts' various “non-statutory insider” tests should be refined. As concurrences from Justices Sotomayor and Kennedy emphasized, though, that issue is ripe for increased scrutiny.
The Ripple Effect of Rejecting Trademark Licenses
April 01, 2018
<b><i>The First Circuit Widens the Controversy</b></i><p>In <i>In re Tempnology</i>, the First Circuit held that the debtor's rejection of a trademark license strips the nondebtor licensee of any right to continue to use the trademarks. In so doing, the court takes the same approach as the Fourth Circuit and rejects the approaches advocated by the Third and Seventh Circuits.
SCOTUS: No Safe Harbor Protection Where Financial Institutions are Mere Intermediaries
April 01, 2018
The Supreme Court's decision and analysis are instructive for both bankruptcy and corporate practitioners, and will likely yield significant returns for estate beneficiaries.

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  • Delaware Chancery Court Takes Fresh Look At Zone of Insolvency
    Over a decade ago, a Delaware Chancery Court's footnote in <i>Credit Lyonnais Bank Nederland, N.V. v. Pathe Communications</i>, 1991 WL 277613 (Del. Ch. 1991), established the "zone of insolvency" as something to be feared by directors and officers and served as a catalyst for countless creditor lawsuits. Claims by creditors committee and trustees against directors and officers for breach of fiduciary duties owed to creditors have since become commonplace. But in a decision that may have equally great repercussion both in the Boardroom and in bankruptcy cases, the Delaware Chancery Court has revisited zone-of-insolvency case law and limited this ever-expanding legal theory.
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