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

Second Circuit Revisits Mandatory Subordination Under Section 510(b)
December 20, 2012
For the third time in six years, the Second Circuit visited mandatory subordination of claims under Title 11 of the United States Code (the Bankruptcy Code. This article discusses the history of mandatory subordination and the current state of the law.
Physician, Heal Thyself
December 20, 2012
Saint Vincent Catholic Medical Centers of New York and its debtor-affiliates (collectively SVCMC) filed Chapter 11 cases in 2010 in the Southern District of New York. This article addresses some of the case's complexities.
Losing Bidder Has Standing to Seek Reimbursement of Fees and Expenses
November 26, 2012
A New York bankruptcy court recently held that a losing acquiror in a competing Chapter 11 plan fight had "standing" to seek reimbursement of its legal fees and expenses as a "substantial contribution" to the reorganization case.
Valuation Litigation
November 26, 2012
The recent <i>In re Heritage Highgate, Inc.</i> decision provides important lessons to bankruptcy litigators addressing the shifting burdens of proof required in valuation litigation under Section 5 (a) of the Bankruptcy Code.
Dewey & Leboeuf Partner Contribution Settlement Agreements Seek to Avoid the Long and Winding Road of Law Firm Bankruptcies
November 26, 2012
This article explores the process by which the key parties-in-interest in this case successfully negotiated the Partner Contribution Settlements or PCPs, the rationale behind Bankruptcy Judge Glenn's approval of the PCPs, as well as some of the issues that the United States District Court for the Southern District of New York is currently considering on appeal.
Seventh Circuit Protects Trademark Licensees in Bankruptcy Court
November 02, 2012
The Seventh Circuit has now adopted the conflicting view that ' 365(n) of the Bankruptcy Code does not affect trademark licenses in one way or another and that <i>Lubrizol Enterprises, Inc. v. Richmond Metal Finishers, Inc.</i> was incorrectly decided.
On the Move
October 25, 2012
Who's doing what; who's going where.
Recoupment: Eighth Circuit Rejects 'Balancing of the Equities' Test
October 25, 2012
The Eighth Circuit recently held that equitable considerations could not prevent a creditor's recouping amounts owed to it by a Chapter 7 debtor. Ending a three-year battle in three courts, its ruling resulted in a win for a disability insurer over a disabled individual. In reality, however, nobody won.
Bond ' Supersedeas Bond
October 25, 2012
The Delaware Bankruptcy Court, in <i>In re Tribune Company, et al.</i>, recently granted a motion for a stay pending appeal of its order confirming Tribune's fourth amended joint plan of reorganization, but conditioned the imposition of the stay upon the posting of a $1.5 billion <i>supersedeas</i> bond.
Unfinished Business Claims
October 25, 2012
Recently, two New York federal district courts reached conflicting decisions in the Coudert Brothers LLP and Thelen LLP bankruptcy cases with respect to "unfinished business.

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