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

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.
Non-Debtor Contract Counterparties in Bankruptcy
February 25, 2013
What happens when a counterparty seeks protection from the risks in continued performance under a contract with a debtor in bankruptcy.
DIP Financing Agreements
February 25, 2013
This article examines the typical DIP financing indemnification provision and the less frequently seen pre-petition indemnification provision, and discusses the effect of pre-petition indemnifications on the bankruptcy estate.
A Longer Statute of Limitations Period for Pursuing Fraudulent Transfer Actions May Exist
February 25, 2013
Transactions that closed more than four or even six years post-transfer, nonetheless may be subject to an avoidance action for recovery of a fraudulent transfer.
On the Move
January 29, 2013
Who's doing what; who's going where.
Sunbeam Eclipsed
January 29, 2013
A recent decision of the Seventh Circuit, <i>Sunbeam Prods. v. Chi. Am. Mfg., LLC</i>, has been viewed by many, including the authors of this article, as signaling a potential trend in favor of non-debtor licensees of intellectual property.
The Champerty Doctrine Under New York Law
January 29, 2013
A recent New York case demonstrates that the common law doctrine of champerty still poses a threat to the market for distressed debt.

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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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