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

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.
On the Move
September 02, 2014
Who's doing what; who's going where.
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.
Law Firm Clients Defeat Bankruptcy Trustees in New York Court of Appeals
September 02, 2014
The New York Court of Appeals, in response to questions certified by the U.S. Court of Appeals for the Second Circuit, recently held that "pending hourly fee matters are not [a dissolved law firm's] 'property' or 'unfinished business'" under New York's Partnership Law.
The Appropriate Interest Rate Under ' 506(b)
September 02, 2014
Discussion of the ongoing battle for post-petition interest for over-secured creditors under section 506(b).
Bankruptcy Jurisdiction: From <i>Stern</i> to <i>Executive Benefits,</i> <i>Wellness International</i> and Beyond
August 02, 2014
By virtue of its decision in <I>Executive Benefits</I> and its grant of certiorari in <I>Wellness International</I>, the Supreme Court has demonstrated that any further clarification of its decision in <I>Stern</I> will come slowly and deliberately.
Further Precedent Supporting the Retention of CROs
August 02, 2014
A recent decision in the United States Bankruptcy Court for the Central District of Illinois is part of a growing trend of opinions and orders around the country allowing a debtor to retain a chief restructuring officer (CRO) under sections 105(a) and 363(b) of the Bankruptcy Code, rather than section 327(a) of the Bankruptcy Code.
The Enforceability of Make-Whole Premiums in Bankruptcy
August 02, 2014
The treatment of prepayment premiums in bankruptcy has gained substantial attention in several recent bankruptcy cases. But in a situation where the borrower has the funds to repay the loan, there is frequently a dispute between lenders and unsecured creditors or equityholders who are looking at less than a full recovery on their claims.
You Know About <i>Fisker</i>
July 02, 2014
TRUE or FALSE: Lienholder buys a distressed loan from original lender. Lienholder acts appropriately and reasonably at all times and lien is valid and perfected. Lienholder has an increased risk of having its credit bid limited or capped because of <I>In re Fisker Automotive Holdings, Inc.</I>

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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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