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

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.
On the Move
June 02, 2014
Who's doing what; who's going where.
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.
Seventh Circuit Reads Bankruptcy Safe Harbor Broadly
June 02, 2014
An in-depth look at a recent Seventh Circuit ruling on the "safe harbor."
Is There Standing to Prosecute Fraudulent Transfer Claims if Unsecured Creditors Have Been Fully Paid?
June 02, 2014
The answer depends, in part, on where the debtor's case is pending. In the Second Circuit, courts allow defendants to escape exposure to fraudulent transfer actions if the debtor's estate cannot identify at least one general unsecured creditor who would benefit from a recovery in that litigation. Not so in other courts.
Credit Bid Buyers Beware: Delaware Bankruptcy Court Caps Credit Bid
May 02, 2014
A cautionary tale for secured lenders who may want to credit bid to acquire a debtor's assets.
Corporate Restructuring
May 02, 2014
A scheme of arrangement is a tool of English corporate law that has been used in M&amp;A and restructurings for decades. Here's what it means..
Turbulence Continues in 'Safe Harbors '
May 02, 2014
Discussion of recent decision in the Lehman Chapter 11 case and how it affects your practice area.
Electronic Balloting Procedures Approved in a Chapter 11 Case
May 02, 2014
For the first time in history, a bankruptcy court has approved the use of electronic balloting procedures in a Chapter 11 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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