We found 1,166 results for "The Bankruptcy Strategist"...
Fifth Circuit Vacates DIP Financing Orders
November 02, 2014
The Fifth Circuit, recently vacated five bankruptcy court and district court Chapter 11 debtor-in-possession (DIP) financing orders due to: 1) the lender's lack of good faith in relying on a third party's shares of stock as collateral; and 2) the bankruptcy court's lack of subject matter jurisdiction to authorize a lien on third party collateral subject to disputed ownership claims.
Spinning Off an Underperforming Division
November 02, 2014
Spin-offs have become a common way for corporations to address underperforming assets. However, if the newly spun-off company runs into financial difficulties, it can be, and often is, second-guessed by creditors and lawsuits can follow.
Employee Noncompete Agreements
November 02, 2014
Due to the low number of reported cases addressing the treatment of noncompete agreements in bankruptcy sales and abundance of conflicting precedents across different states, it is important for attorneys and their clients to anticipate and address these issues early in the bankruptcy sale process.
In the Spotlight: Dealing with Stub Rent After <i>In re Oreck</i>
October 02, 2014
A bankruptcy judge recently held that lessors of a debtor's corporate headquarters were not entitled to administrative expense priority under 11 U.S.C. ' 365(d)(3) for 25 days of unpaid "stub rent" for the period between the Chapter 11 petition and the first post-petition rent payment. A look at <I> In re Oreck</I>/
Bankruptcy Rule 2004
October 02, 2014
Rule 2004 of the Federal Rules of Bankruptcy Procedure (Bankruptcy Rule 2004) is a crucial pre-litigation discovery tool to investigate potential Avoidance Actions ' causes of action under Chapter 5 of the Bankruptcy Code.
Over-Secured Lenders and Requests for Payment of Attorneys' Fees and Other Charges
October 02, 2014
The Fifth Circuit recently reaffirmed the long-established rule that an over-secured lender's legal and other fees are subject to court approval as reasonable under section 506(b) of the Bankruptcy Code.
Managing Credit During and After Divorce
October 02, 2014
All the steps to keeping your clients financially healthy, during and after divorce.
Planning a Smooth Chapter 11 Distribution Process
October 02, 2014
Companies seeking relief under Chapter 11 often have complex and intriguing issues to address. Sometimes, there is a failure to give proper attention and planning to the end goal: distribution. From a disbursing agent's perspective, some of these are important for establishing a structure to easily administer distribution, and these are the focus of this article.
The Continuing Evolution of the Basis for Equitable Subordination
September 02, 2014
In June, the Bankruptcy Court for the Southern District of New York issued a 168-page post-trial opinion determining that it would equitably subordinate the claims of SP Special Opportunities LLC against LightSquared. The court reserved for later determination the amount to be equitably subordinated.
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- Law Firms and the Rise of HospitalityThe law firm office cannot remain unchanged, as if frozen in time set to some date prior to the onset of pandemic, when the terms and meaning have all changed. In fact, the office must now provide benefits or an experience the lawyers and staff cannot get at home.Read More ›
- Disconnect Between In-House and Outside Counsel'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- 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 ›