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

On the Move
June 23, 2009
Who's doing what; who's going where.
Chinese Manufacturers
June 23, 2009
With the recent financial crisis that has affected many American importers, wholesalers, and retailers, Chinese manufacturers should be prepared to deal with financially distressed U.S. customers that seek to rehabilitate their businesses through Chapter 11 bankruptcy.
Seventh Circuit Vindicates Secured Lenders' Right to Full Payment
June 23, 2009
The U.S. Court of Appeals for the Seventh Circuit held on May 5, 2009, that two secured lenders were fully secured, "entitled to a full recovery" from the debtor ("UAL") despite the bankruptcy court's improper valuation of the collateral (improved airport terminal space) securing the lenders' underlying $60 million loan.
Debt Exchange Offers in the Current Market
June 23, 2009
The recent financial crisis and dislocation in the financial markets has had significant consequences for bankruptcy and restructuring professionals. One such consequence is a dramatic increase in the use of debt exchange offers as a liability management tool.
Perplexing Problems Under the Uniform Transfers to Minors Act
May 26, 2009
The Uniform Transfers to Minors Act, like its predecessor, The Uniform Gifts to Minors Act, is a comprehensive statutory scheme designed to allow money and property to be transferred to children easily. However, disputes have crept into family law and related proceedings. Becoming familiar with the UTMA will help you avoid problems in settling or trying cases that involve custodial assets.
Cap on Legal Fees in Bankruptcy Alarms Firms
May 26, 2009
Lawyers representing directors and officers of IndyMac Bancorp Inc. are attempting to remove a cap on their billing rates, the latest example of how judges are scrutinizing hourly fees in large bankruptcies.
Intercreditor Dynamics in Bankruptcy
May 26, 2009
When a creditor enters the realm of bankruptcy, lenders often find that the many detailed provisions of an extensively negotiated intercreditor agreement are no longer controlling. On the contrary, the intercreditor agreement may have little influence on the outcome of many critical matters that arise in bankruptcy.
Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of Sale
May 26, 2009
Explaining that the "bankruptcy court had no jurisdiction to take such action," the Fifth Circuit also vacated the district's court's improper ruling that the bankruptcy judge could enter a personal judgment against the asset buyer.
Considerations of Examiner Appointments in Bankruptcy Actions
May 26, 2009
Examiner appointments in Chapter 11 bankruptcy cases are uncommon, and despite Judge Peter J. Walsh's statement that he had appointed an examiner only two or three times during his career as a bankruptcy judge, he recently ordered the appointment of an examiner in <i>In re DBSI, Inc.</i>
On the Move
April 24, 2009
Who's doing what; who's going where.

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    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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