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

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.
On the Move
February 25, 2014
Who's doing what; who's going where
The Application of 365(n) to Cross-License Agreements
February 25, 2014
The Fourth Circuit's recent decision in <I>Jaffe v. Samsung Electronics Co., Ltd.</I> has drawn attention to the integral role section 365(n) of the Bankruptcy Code plays in protecting the rights of non-debtor counterparties to patent cross-license agreements.
Recognition, Not Relitigation
February 25, 2014
If there were a James Bond movie featuring only lawyers, this might be it: <I>SNP Boat Service, S.A. v. Hotel Le St. James.</I>
Getting Fees Paid by the Chapter 11 Estate Without Proving Substantial Contribution?
February 25, 2014
Despite vociferous objections from the United States Trustee in the Southern District of New York, courts have recognized an alternative method for obtaining payment from the debtor's estate of certain fees.
Concurrent Rights Offerings by Chapter 11 Debtors
January 28, 2014
Continuing the discussion of how Eastman Kodak Company conducted the first-ever parallel rights offerings in connection with its Chapter 11 plan of reorganization.
A Tale of Two Asset Sales
January 28, 2014
An example in which a Chapter 7 trustee, in separating the measure of "highest price" from "best outcome," unlocked significant value for all stakeholders.
Is a Foreign Debtor with No Assets in the U.S. Eligible for Chapter 15 Relief?
January 28, 2014
This article sets forth the statutory provisions that led to the differing results in two cases,and then explores the reasoning of the two opinions.

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    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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