We found 1,166 results for "The Bankruptcy Strategist"...
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>
Dealing with Stub Rent After <i>In re Oreck</i>
July 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 postpetition rent payment.
A Circuit Court Definitively Addresses Claims Trading
July 02, 2014
This article analyzes the <I>Enron</I> and <I>KB Toys</I> courts' treatment of the public policy issues associated with claims trading, and the implications of the <I>KB Toys</I> holding with respect to Financial Claims trading in the Third and other circuits.
Floating Ashore: An Overview of Puerto Rico's Financial Crisis and Potential Restructuring Alternatives
June 02, 2014
For the Commonwealth of Puerto Rico, as a territory of the United States, relief under Chapter 9 is not an option for solving its staggering $70 billion debt and estimated $850 million deficit for the 2014 fiscal year. Here's why.
MOST POPULAR STORIES
- 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 ›