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

Post-Confirmation Jurisdictional Shrinkage
February 01, 2017
Although Congress has not expressly addressed when and under what circumstances bankruptcy jurisdiction ends, most courts agree that a bankruptcy court's jurisdiction "shrinks" after confirmation of a plan. This article discusses the factors that courts take into consideration in determining the extent of the post-confirmation jurisdictional shrinkage.
Mission Impossible? Addressing WARN Act Liability in Liquidating Mid-Market Cases
January 01, 2017
this issue of WARN Act liability giving rise to significant administrative or priority claim risk is unique to bankruptcy.However, assuming that, for other reasons, a bankruptcy case is the best path for your client, what can you do to mitigate the risk?
Arbitration Denied In Bankruptcy Priority Fight
January 01, 2017
"[T]he bankruptcy court did not abuse its discretion in denying [the debtor's former employees'] motion to compel arbitration" when the dispute turned on the relative priority of their claims, held the U.S. Court of Appeals for the Second Circuit on Oct. 6, 2016 in <i>In re Lehman Bros. Holdings.</i>
Trustee Allowed to Reach Back 10 Years to Avoid a Fraudulent Transfer
January 01, 2017
Recently, a Florida bankruptcy court permitted a Chapter 7 trustee to reach back 10 years to unwind a fraudulent transfer, a period of time well beyond the two years that practitioners generally expect.
The 'Death Spiral' Of U.S. Malls
January 01, 2017
One of the main causes of the "death spiral" of malls in the United States has been the bankruptcies, and subsequent liquidations, of many retailers that were once household names -- and often a mall's anchor tenants.
Stepping into the Shoes of the IRS to Pursue Otherwise Time-Barred Avoidance Actions Under Fraudulent Transfer Statutes
November 01, 2016
One of the rare legal issues in which bankruptcy practitioners usually are able to speak to clients in absolute terms to provide clear legal advice is the limitations period concerning the pursuit of avoidable transfers in bankruptcy proceedings.
The Queen Is Dead, Long Live the Queen?
November 01, 2016
The automatic stay of 11 U.S.C. § 362 is one of the most important principles of bankruptcy law. It provides crucial breathing space for the debtor to reorganize or liquidate, and avoids the piecemeal dismemberment of the estate's assets. However, in rare instances, courts have extended stay protection to non-debtors through 11 USC § 105. This is considered extraordinary relief reserved for unusual circumstances, and may be analogized to the inherent power of federal courts under their general equity powers.
Holders of Unredeemed Gift Cards Denied Bankpruptcy Priority
November 01, 2016
For some time now, the brick and mortar side of the retail industry has been in financial distress. In 2015 and 2016 alone, brand-name ­companies such as Sports Authority, RadioShack, Aéropostale, American Apparel, Eastern Mountain Sports and City Sports sought bankruptcy protection. A common question in these cases is how to treat holders of unredeemed gift cards. Are they near the back of the line with other general unsecured creditors, or are they entitled to “priority” payment status under the Bankruptcy Code?
On the Move
November 01, 2016
Burr &amp; Forman LLP has opened an office in Wilmington, DE. Rick Robinson, who is joining the firm as a partner in the firm's Creditors' Rights and…
<b><i>Millennium Lab</i></b>
October 14, 2016
Prepetition, Millennium Lab Holdings II, LLC, Millennium Health, LLC, and RxAnte, LLC reached a settlement with various government entities relating to, among other things, claims against the Debtors for violations of the Stark law, Anti-Kickback Statute and FCA. Here's a discussion of this pivotal case.

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