We found 1,166 results for "The Bankruptcy Strategist"...
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&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.
The Application of 365(N) to Cross-License Agreements
March 25, 2014
Last month, Part One of this Article detailed the effect of applying section 365(n) to cross-license agreements. Part Two herein discusses the problems that section 365(n) presents to debtors who are party to cross-license agreements..
Turbulence Continues in Safe Harbors
March 25, 2014
Two recent decisions demonstrate how courts are applying the so-called safe harbor provisions contained in the Bankruptcy Code to a variety of different factual circumstances.
SDNY Bankruptcy Court Allows Unamortized Original Issue Discount As a Claim
March 25, 2014
The Bankruptcy Court for the Southern District of New York recently held that unamortized interest associated with original issue discount originating from a fair market value exchange constitutes an allowed bankruptcy claim.
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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 ›