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We found 1,159 results for "The Bankruptcy Strategist"...

On the Move
Who's doing what; who's going where.
A Failure to Assume
This article discusses the "ride-through" doctrine, which courts have developed to resolve the ambiguity resulting from a debtor's failure to assume or reject an executory contract under ' 365 prior to plan confirmation.
VA Bankruptcy Court Rules on New Value Defense and ' 503(B)(9) Claim
A recent decision issued by the Bankruptcy Court for the Eastern District of Virginia further calls into question the availability of a new value defense in a preference action when the amount claimed by the creditor to constitute new value represents an administrative claim under ' 503(b)(9)...
Bankruptcy Auctions
This article highlights the tension courts face between recognizing the finality of a sale and reopening a sale process if potentially greater value for the creditors exists.
Supreme Court 4-4 Split Decision Results in Affirmance on Limitation of First Sale Doctrine
On Dec. 13, 2010, the U.S. Supreme Court affirmed a Ninth Circuit decision limiting the first sale doctrine to copyrighted works manufactured in the United States or sold with the copyright holder's authority.
Sea Launch ' A Unique Business and a Unique Reorganization
Sea Launch's international ownership and unique capital structure and business model (utilizing a series of treaties between the United States, Russia and the Ukraine) engendered a unique reorganization process, described herein.
Outlook for 2011
According to this author, "2011 is going to be a tough and rough year for most of the middle market in the U.S.
Second Circuit Affirms Designation of Secured Lenders' Vote and Effective Cram Down
The Second Circuit summarily affirmed a bankruptcy court's designation of a secured lender's vote on a reorganization plan in a two-page order, effectively enabling the debtor to cram down the lender's claim.
The Patient Care Ombudsman: Controlling Costs
The 2005 Bankruptcy Abuse Prevention and Consumer Protection Act ("BAPCPA") gave patients of insolvent health care facilities a clear voice in bankruptcy proceedings by creating a new role in bankruptcy cases ' the Patient Care Ombudsman ("PCO").
Section 365(o) Coming into Focus
Troubled banks under the FDIC's jurisdiction often end up in conservatorships or receiverships. But bank holding companies that own U.S. banks can file for bankruptcy. And special rules apply in such cases.

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