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

Bankruptcy Litigation Update: Determining Adequate Capital
August 01, 2017
This article focuses on the concept of "unreasonably small capital," which is not defined in the Bankruptcy Code or applicable state statutes. Consequently, the determination of adequate capital is fact-intensive and fertile grounds for litigation.
The 'Faltering Company' and 'Unforeseen Business Circumstances' Exceptions Under The WARN Act
July 07, 2017
<b><i>Traps for the Unwary or Lifesavers for the Unlucky?</b></i><p>The WARN Act contains several affirmative defenses that provide employers with a complete defense to liability under the statute when a company's exigent condition forces an immediate cessation of operations. This article identifies the key features (including the benefits and drawbacks) of each.
Ninth Circuit Finds That 1111(b) Deemed-Recourse Rights Do Not Survive Foreclosure Of Underlying Property
July 01, 2017
The Ninth Circuit recently announced in <I>Mastan v. Salamon (In re Salamon</I>) that a secured creditor with a nonrecourse mortgage cannot assert a claim for any deficiency if the underlying property is foreclosed on during the bankruptcy case. Here's an analysis of the decision.
POCs and the FDCPA: A License to File
July 01, 2017
Buyers and servicers of "stale," or time-barred, debt have been watching the bankruptcy and appellate courts closely of late, as court after court has ruled on whether a key component of their recovery strategy -- seeking payment related to such time-barred debts by filing proofs of claim in bankruptcy --€” violates the Fair Debt Collections Practices Act (FDCPA).
Cayman Court Facilitates Chapter 11 Restructuring of Parent Company
July 01, 2017
the authors were heavily involved in the cross-border restructuring of CHC Group Ltd. (CHC Parent). CHC Parent was the ultimate holding company of the CHC Group (the Group), being one of the world's largest commercial helicopter services providers, primarily engaged in servicing the offshore oil and gas industry. This article provides a narrative about the case.
On the Move
June 30, 2017
White &amp; Case LLP has expanded its Global Financial Restructuring and Insolvency Practice by adding Philip Abelson and David Turetsky as partners in…
Healthcare Bankruptcy: Not Garden-Variety
June 02, 2017
For the remainder of 2017, due in part to the current uncertainty in the healthcare industry and its legislative oversight, more financially distressed providers are considering Chapter 11 bankruptcy to effectuate closures, consolidation, restructurings and related transactions.
Sixth Circuit Trims Bank's Good-Faith Defense to Fraudulent Transfer Claims
June 02, 2017
<b><I>Part Two of a Two-Part Article</I></b><p>Last month, we began our discussion of what constitutes a good-faith defense to a fraudulent transfer claim with an initial examination of the recent Sixth Circuit opinion in <I>Meoli v. Huntington Nat'l Bank</I>. We continue the analysis this month by focusing on sub-issues presented in <I>Meoli,</I> including the question of notice, the proper test of good faith, and an analysis of whether banks may be considered "transferees" with respect to ordinary bank deposits.
Litigation
June 02, 2017
Discussion of two recent notable cases.
Hiding Assets in California
June 02, 2017
Often, asset protection advice is bereft of any discussion of California exemption statutes — which often provide the most efficient and safest asset protection. But to properly protect an asset in California, it's generally best to understand and maximize exemptions.

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  • The Right to Associate in the Defense
    The "right to associate" permits the insurer to work with the insured to investigate, defend, or settle a claim. Such partnerships protect the insurer and can prove beneficial to the insured's underlying case and ultimate exposure.
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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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