We found 1,166 results for "The Bankruptcy Strategist"...
Ninth Circuit Insulates Corporate Insider from Preference Liability
October 02, 2015
"A corporate insider who personally guaranteed" the debtor's loan was not liable on a bankruptcy trustee's preference claim when the corporate debtor repaid its lender, held the U.S. Court of Appeals for the Ninth Circuit on May 6, 2015. This article analyzes the ruling.
Social Security Benefits in Divorce Cases
October 02, 2015
One of the most important family law issues that vary from state to state is the question of whether Social Security benefits should be considered or offset when making property determinations. There is quite a bit of law on the subject and a thorough review of your own state's applicable law is required.
Postscript on Equitable Mootness
October 02, 2015
Last month, the Third Circuit handed down another important equitable mootness decision, <I>In re Tribune Media Co.</I> This article discusses the ruling.
Advancement Claims Not Entitled to Priority in LLC Receivership
October 02, 2015
In two recent Delaware Court of Chancery decisions, Vice Chancellors Donald F. Parsons Jr. and Sam Glasscock III both concluded that the claims for advancement were not entitled to priority treatment as administrative expenses of the receivership. The cases underscore the importance of obtaining D&O liability insurance regardless of the existence of advancement and indemnification provisions in the entity's organizational documents or the party's employment agreement.
All's Well That Ends Wellness:
October 02, 2015
In May 2015, the Supreme Court once again weighed in on the issue of bankruptcy court adjudication of <I>Stern</I> claims and provided us with a measure of clarity in its recent opinion, <I>Wellness International Network, Ltd., et al. v. Sharif.</I> This article explores the background, the facts, the holding and the aftermath of this decision..
Case Notes
September 02, 2015
Analysis of a case in which a 'missing' $20 million is at issue in two lawyers' divorce.
Advanced Payments Denied Priority
September 02, 2015
Advancement claims of executives are not entitled to priority over other claims against an entity in receivership, the Delaware Court of Chancery has ruled in a case of first impression.
<b><i> In Re Fairfield Sentry Limited</i></b>
September 02, 2015
<I>In re Fairfield Sentry Ltd.</I> is the first federal circuit court decision to address the application of Section 363 in a Chapter 15 bankruptcy case. Bankruptcy Code applicable as to matters within the United States. This article provides an in-depth analysis of what this means to bankruptcy practitioners.
Time to Revisit Equitable Mootness
September 02, 2015
Recently, Third Circuit Judge Cheryl Ann Krause urged the court to "consider eliminating, or at the very least reforming equitable mootness." Two recent decisions from the Third and Ninth Circuits confirm why Judge Krause is right.
Does a Tenant's Right of Possession Trump a Sale Under Section 363?
September 02, 2015
This article explores several recent decisions evaluating whether a tenant's rights under section 365(h) survive a sale of the debtor's assets free and clear of all liens, claims, and encumbrances pursuant to section 363(f).
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- Lack of Logo Placement At Center of Ruling Over Meat Loaf Album PackagingTo 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.Read More ›
- From the PTO to the FDA: What to Consider When Branding Clinical TrialsThe legal implications of branding generally arise initially for companies during the process of selecting a company name and any initial product or service names. For drug development companies, however, careful consideration should also be paid to the implications of branding a clinical trial.Read More ›