Law.com Subscribers SAVE 30%

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

Search

We found 1,166 results for "The Bankruptcy Strategist"...

Secured Lender's Loss of Possessory Lien Affirmed
June 21, 2013
The U.S. Bankruptcy Appellate Panel (BAP) for the Eighth Circuit recently held that a lender "lost its possessory lien when it turned the Debtor's account funds over to the Trustee <I>without first seeking adequate protection."</I>
In Pari Delicto Not a Bar to a Bankruptcy Trustee's Recovery
May 24, 2013
Bankruptcy trustees are particularly susceptible to in pari delicto</I> when pursuing certain claims against third parties, as the debtor's own culpability may bar recovery.
When Worlds Collide
May 24, 2013
The first part of this article discussed the collision of the bankruptcy and public finance worlds, and the damage caused to bondholders and their respective professionals. The discussion concludes herein with a look at two additional rulings.
The Evolution of New Value Plans
May 24, 2013
A recent decision by the Seventh Circuit Court of Appeals, <I>In re Castleton Plaza, LP</I>, has put into question the application of the new value corollary in future Chapter 11 cases.
Recovery of Make-Whole Premiums
May 02, 2013
Earlier this year, the U.S. Bankruptcy Court for the Southern District of New York added to the debate on alender's right to recover a make-whole premium as part of its allowed claim in a bankruptcy case.
Litigating Complex Environmental Cases
April 26, 2013
In a series of recent decisions, the bankruptcy court for the Southern District of New York has broadly interpreted section 502(e)(1)(B) of the Bankruptcy Code in disallowing substantial claims in several contexts.
When Worlds Collide
April 26, 2013
Until recently, the public finance world simply did not experience significant defaults. Until now. A look at recent litigation.
Lehman Brothers Green-Lights the Payment Of Committee Members' Professional Fees
March 27, 2013
From the largest Chapter 11 case to date, <i>In re Lehman Brothers Holdings Inc., et al</i>., emanates yet another decision of great interest to the restructuring community.
Calling on U.S.Marshals
March 27, 2013
The U.S. Marshals Service can be utilized as the ultimate enforcer for the United States bankruptcy courts. A look at a recent case where this happened.
The Return of Stern v. Marshall
March 27, 2013
A look at the split between the Sixth and Ninth Circuits regarding whether consent can authorize bankruptcy courts to enter final orders in proceedings that would otherwise be the exclusive province of Article III Courts.

MOST POPULAR STORIES

  • Law Firms and the Rise of Hospitality
    The 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 ›
  • Lack of Logo Placement At Center of Ruling Over Meat Loaf Album Packaging
    To 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 ›