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

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).
Limiting Credit Bidding for 'Cause' Under Section 363(k)
August 02, 2015
Recently, the ABI Commission to Study the Reform of Chapter 11 released its 2012-2014 Final Report and Recommendations in which the Commissioners implicitly rejected the contrary reading of "cause" tendered by the Third Circuit in <I>In re Philadelphia Newspapers, LLC</I>, and both cited and seemingly applied, to some degree, in <I>In re Fisker Automotive Holdings, Inc.</I>
Payments to Investors in a Securitization Structure Protected from Avoidance
August 02, 2015
The Bankruptcy Court for the Northern District of Illinois recently held that payments made to investors in the two-tiered securitization structures commonly employed in commercial CMBS transactions are largely protected from fraudulent or preferential transfer claims by the securities contract safe harbor set forth in Bankruptcy Code section 546(e).
District Court Affirms Cramdown Interest Rate Calculation
August 02, 2015
An update on the <I>Momentive</I> series of cases regarding the cramdown interest rate. Where do we go from here?
Limiting Successor Liability Under Assigned Medicare Provider Agreements
July 02, 2015
This article discusses the risks associated with accepting assignment of a distressed health care provider's Medicare provider agreement, as well as providing suggestions for managing those risks.
Does the 'Best Interests' Test Protect the Tardy?
July 02, 2015
While Chapter 11 is generally known as the reorganization chapter of the Bankruptcy Code, more recently, it has been used as a vehicle to manage the orderly liquidation of business entities through plans of liquidation. Whether such liquidations follow sales of a debtor's assets under ' 363 or monetization of assets of a debtor over time, the liquidating plan often provides for payments to the creditor body that generally follow the priority of distribution set forth in ' 726.
Reclamation, Administrative Claims and Other Possibilities for Recovery When a Factor Has Not Approved Orders
July 02, 2015
Reclamation, although appearing rather simple at first glance, is a remedy that requires reference to the expanding body of case law that has interpreted Bankruptcy Code Section 546(c). The over-used term "a trap for the unwary" is exemplified by the reclamation issues that can arise in a Chapter 11 reorganization case.

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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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  • 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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