We found 1,166 results for "The Bankruptcy Strategist"...
<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.
The DOJ's New Fee Application Guidelines
July 26, 2013
In response to perceived excesses in the bankruptcy compensation process, the United States Trustee Program recently introduced new fee application guidelines for qualifying engagements.
The Evolving Landscape of Distressed Bank Restructurings
July 25, 2013
Although actual failures appear to have declined, the FDIC's list of nearly 700 "problem" banks reveals that the problem of inadequate bank capitalization and the need for restructuring remains strong.
COMI Maybe
June 21, 2013
COMI (center of main interests) becomes a challenge when a debtor ' whether company or individual ' is effectively multi-national, an increasingly common circumstance.
Defalcation Defined
June 21, 2013
A recent Supreme Court ruling means that all prior lower court decisions addressing the mental state requirement for defalcation have little or no precedential value.
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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 ›