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

League Impact on the Sports Team Bankruptcy Process
September 28, 2010
As more beleaguered team owners seek refuge in bankruptcy proceedings, the resulting clash of league interests with fundamental principles of bankruptcy law will result in the development of novel legal and practical solutions for financially distressed sports franchises.
On the Move
August 21, 2010
Who's doing what; who's going where.
10 Commandments for a Successful Loan Workout
August 21, 2010
There are indications that commercial real estate loans are on increasingly shaky ground. With that in mind, here are 10 commandments for a successful loan workout.
Asset Sales in Bankruptcy
August 21, 2010
Notwithstanding the dramatic events of the historic mega-bankruptcies over the last two years, little may actually have changed for debtors and potential acquirors of distressed assets on a going-forward basis.
Challenges to Reinstatement of Debt under Young Broadcasting
August 21, 2010
This article explores the facts of both <i>Charter</i> and <i>Young Broadcasting</i> that led the Bankruptcy Court for the Southern District of New York to reach different conclusions regarding what appeared to be substantially similar reinstatement plans.a loan agreement containing terms and interest rates much more favorable than present market conditions may be a valuable asset of a debtor that is worth preserving through reinstatement under ' 1124(2).
Business Valuation In a Collaborative Divorce
July 29, 2010
When appraisal of a business is conducted in conjunction with a collaborative divorce, it is fundamentally different from one carried out in a more adversarial divorce setting.
'Would You Like Fries with That?'
July 27, 2010
Recent court decisions addressing the classification of "goods" versus "services" have shed some light on the proper definition of "goods" in the context of whether a particular claim is for "goods" under ' 503(b)(9). However, these decisions have left open some key questions.
The State of the Credit Markets: Implications for the Restructuring Community
July 27, 2010
A recent regression from credit recovery trends calls into question whether the momentum from early this year can be regained.
Municipal Bankruptcy: Coming Soon to a Court Near You
July 27, 2010
As tax revenues have declined in the face of falling incomes, sales and property values, more cities small and large have disclosed that resort to Chapter 9 of the Bankruptcy Code, the municipal bankruptcy law, has made it onto their agendas.
BAPCPA: Another Nail in the Coffin of Retail Reorganizations
June 18, 2010
BAPCPA has had a profound effect on retail reorganizations, particularly, the restriction on bankruptcy courts' broad discretion to extend debtors' time to assume or reject leases. This shortened time period, a maximum of 210 days, has been alleged to be responsible for the death of retail reorganizations.

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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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  • Meet the Lawyer Working on Inclusion Rider Language
    At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers &amp; Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
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