We found 1,166 results for "The Bankruptcy Strategist"...
Beware: Not All Communications Between Court-Appointed Bankruptcy Professionals Are Privileged
May 02, 2015
A successful Chapter 11 representation requires a close working relationship between the client's attorneys and non-attorney professionals, and the latter are generally kept fully abreast of the attorney's strategies on behalf of their common client. But where a communication otherwise protected by the attorney-client privilege is disclosed to, or made in the presence of a third party, the communication may no longer be, or deemed never to have been considered privileged.
Navigating PubliclyTraded Securities When Soliciting a Chapter 11 Plan
May 02, 2015
Just because a company's stock is not publicly traded doesn't mean it doesn't have publicly traded debt. Churches, utilities, and hospitals are common types of debtors that issue debt, but many others do as well.
Stalking Horse Bidder in Section 363 Sales: Benefactor or Predator?
May 02, 2015
Outside of U.S. bankruptcy usage, and for the vast majority of its life, the term "stalking horse" has referred to an artifice for predators. In some circumstances, a stalking horse bidder in a section 363 sale can more closely resemble the term's original meaning.
Credit Bidding: Secured Creditor Beware
April 02, 2015
The right to credit bid under section 363(k) of the Bankruptcy Code can be an important safeguard that protects a secured creditor against the risk that its collateral may be undervalued at an asset sale, and courts have traditionally described a secured creditor's right to credit bid as fundamental and near absolute. However, as some bankruptcy courts have recently reminded us, the right is not absolute, and may be limited by the bankruptcy court "for cause" under section 363(k) of the Bankruptcy Code.
'Redemption Option Value'
April 02, 2015
On Dec. 8, 2014, the American Bankruptcy Institute Commission to Study the Reform of Chapter 11 issued its 2012-2014 Final Report and Recommendations (the Report) proposing numerous changes to Chapter 11 of the Bankruptcy Code. This article focuses on the Commission's proposal to compel senior creditors to pay a mandatory "tax," or so-called "redemption option value" (ROV), to junior stakeholders.
ABI Bankruptcy Reform
April 02, 2015
The ABI Commission recently recommended decimating the concept of adequate protection for cash flow lenders and protecting their interest only to the extent of foreclosure value. According to the authors, this recommendation has no regard for the fact that cash flow loans are predicated on a sale of the business as a going concern or the practical difficulty in attempting to choose a value based on a hypothetical sale.
A Tale of Two LLPS Sets a New Precedent
February 28, 2015
A look at the bankruptcy court's most recent ruling in the Dewey & LeBoeuf bankruptcy. The ruling establishes a bold, new, and much-needed precedent as to the interaction between state laws of business organization, and important provisions of the Bankruptcy Code.
Creditors' Rights in Chapter 11: Use Them or Lose Them
February 28, 2015
The old adage "use it or lose it" applies at every stage of a Chapter 11 case.Nowhere is this seemingly harsh ' but essential ' reality more evident than in the ongoing saga of a group of three holders of gift cards, totaling $225.00 in value, issued by the now-defunct Borders bookstore chain.
Second Circuit Affirms Protection of the Section 546(e) Safe-Harbor Shield for Certain Madoff Investors
February 28, 2015
The trustee for Bernard L. Madoff Investment Securities LLC (BLMIS) may not clawback money paid out by BLMIS to hundreds of its customers, says the Second Circuit. This article explores the arguments advanced in support of, and in opposition to, avoiding the payments made by BLMIS to its customers.
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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 ›