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

Second Circuit Defines Adequate Capitalization
August 01, 2016
A debtor's pre-bankruptcy repurchase of its stock for $150 million was not a fraudulent transfer because the debtor "could have sold off enough of its assets or alternatively obtained sufficient credit to continue its business for the foreseeable future," held the Second Circuit in June 15.
Why International Litigants Are Using Chapter 15 to Optimize Financial Recoveries in Foreign Insolvency Proceedings
August 01, 2016
While it is now a well-trodden path for foreign office holders seeking more traditional ancillary assistance, Chapter 15 continues to evolve as enterprising U.S. legal advisers and foreign office holders team up to deploy progressively novel cross-border strategies.
The Newspaper Notice
August 01, 2016
Commercial reasonableness for the disposition of certain assets requires marketing that is both more specifically targeted and broader geographically than newspaper notice. Indeed, courts have so found.
Business Triage
August 01, 2016
There is a whole host of issues and concerns in each matter involving a troubled company. What is the best way to evaluate a company's chance of survival? Perform an assessment of issues that can help determine if a company will survive, and considering additional factors that can influence a company's chances.
Debtor's Power to Reject Executory Contract Trumps Counter-Party Debtor's Power to Assume Same Agreement
July 01, 2016
The expansive ability granted to debtors to assume or reject existing executory contracts is premised on the policy that debtors should have the ability to abandon burdensome obligations while retaining favorable ones ' all with the overriding goal of rehabilitation in mind. A look at the Noranda Bankruptcy.
Should Bankruptcy Professionals Be Compensated for Defending Their Fee Applications?
July 01, 2016
The ability of bankruptcy estate professionals to obtain payment for defending their fee applications has been severely curtailed with the United States Supreme Court's decision of <I>Baker Botts L.L.P. v. ASARCO LLC.</I> But such a limitation is inappropriate.
On the Move
July 01, 2016
Who's doing what; who's going where..
<b><i>Crawford v. LVNV Funding, LLC</i></b>
July 01, 2016
Filing a proof of claim against a bankruptcy estate for a debt the creditor knows is legally unenforceable pursuant to the statute of limitations is unfair, unconscionable, deceptive, or misleading to a consumer under the Federal Debt Collection Practices Act, the Eleventh Circuit recently held in <I>Crawford v. LVNV Funding, LLC.</I>
Enjoining Actions Against Non-Debtors
June 01, 2016
A recent decision by the Seventh Circuit, appears to change the playing field in debtors' favor. <I>In re Caesars Entm't Operating Co</I> established a two-part test that appears far more favorable to debtors than the previous standards applied to such injunctions.
Landlord's Claim in Bankruptcy Case Puts Its Letter of Credit Proceeds At Risk
June 01, 2016
If a landlord has drawn down the letter of credit proceeds and withdrawn the security deposit in full after the tenant's default, filing a proof of claim in the tenant's subsequent bankruptcy proceeding may invite a bankruptcy court's consideration of whether those funds are or should be assets of the bankruptcy estate.

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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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