Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Search

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

Prepayment Premiums and Make-Whole Payments
October 28, 2013
In the bankruptcy context, a prepayment premium will rarely be triggered by the debtor's voluntary prepayment of debt. Here's why.
Recharacterization: The Debate
October 28, 2013
Historically, courts were divided as to whether bankruptcy courts had the power to recharacterize purported debt as equity. That debate has essentially ended and the general consensus is that bankruptcy courts can do so.
Dip in Bankruptcies Forces Firms to Trim Ranks
September 30, 2013
A slowdown in Chapter 11 bankruptcy filings has led law firms to trim their ranks and steer bankruptcy attorneys into other areas.
Anti-Assignment Clause?
September 26, 2013
The Third Circuit recently reaffirmed the policy underlying anti-assignment provisions in connection with bankruptcy cases, and the extent of bankruptcy courts' jurisdiction after closure of a case.
<i>In re Bellingham Ins. Agency</i>
September 26, 2013
The Supreme Court <I>may</I> finally clarify some of the confusion regarding a bankruptcy court's authority acknowledged by Justice Scalia in <I>Stern</I>.
Seventh Circuit Stumble
September 26, 2013
As fallout from <I> Stern v. Marshall</I> continues to disrupt bankruptcy litigation throughout the country, the Seventh Circuit recently provided a new contribution to the body of post-<I>Stern</I> authority from the Court of Appeals level.
The Code's Safe Harbor Defense
August 23, 2013
Appellate courts continue to agree on the vitality and breadth of the safe harbor defense contained in Bankruptcy Code (Code) ' 546(e).
Commercial Real Estate Debt Restructuring
August 23, 2013
For real estate bankruptcy law practices, there is significant opportunity in distressed real estate. This article discusses real estate restructuring teams and how they work.
Beware: Chapter 9 Is Not Just for Cities and Counties
August 23, 2013
Chapter 9 deals with bankruptcies of municipalities. The Bankruptcy Code's definition of a municipality is not limited to cities and counties. Here's what it means.
Hidden Issues in Balance Sheets
July 26, 2013
Attorneys for creditors and debtors, and bankruptcy judges, are making recommendations or decisions based on only cursory consideration of potentially misleading balance sheets.

MOST POPULAR STORIES

  • 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.
    Read More ›
  • 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.
    Read More ›