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

Debt Forgiveness: Watch Out for the Tax Consequences
When drafting a property settlement agreement that involves debt forgiveness (<i>i.e.</i>, foreclosure, short sale, reduction in credit card debt), it is critical that matrimonial attorneys be aware of the tax consequences because the financial impact on a client can be enormous.
On the Move
Who's going where; who's doing what.
Can the Claims of Individual Creditors Be Assigned to a Litigation Trust for Prosecution?
Last month, we asked the question: Can a plan provide that the securities claims ' which are not estate causes of action because they belong to the bondholders individually, not to the company ' will be assigned to a trust so that the trust can efficiently litigate these claims and distribute the proceeds thereof to the bondholders? Herein, a continuation of our discussion.
The Bankruptcy Hotline
Recent rulings of interest to you and your practice.
Score One for the Good Guys
On countless occasions, the Supreme Court has proclaimed the longstanding axiom that the bankruptcy process is for "honest debtors" only; wrongdoers should never be allowed refuge within the confines of the nation's insolvency law. Often overlooked is the fact that the automatic stay, 11 U.S.C. ' 362(a), a linchpin of modern bankruptcy practice, was likewise carefully constructed so as to not provide a safe harbor for malefactors.
Whose Claim Is It, Anyway?
Understanding the courts' treatment of this division of claims (as inconsistent as it is) is essential to a successful litigation strategy, whether on behalf of individual creditors or a trustee.
Can the Claims of Individual Creditors Be Assigned to a Litigation Trust?
This article explores the history, the more recent case law and the open issues, which could be important in structuring a plan in future cases, of securities claims that belong to the bondholders individually, not to the company.
Resolutions Every Business Bankruptcy Creditor's Lawyer Should Make
Different aspects of bankruptcy law that may help clients face these troubled times.
Happy (?) New Year: 2009, Retailers and Bankruptcy
This article discusses some of the challenges that face retailers who may file Chapter 11 in the coming year, and offers some suggestions for increasing the odds of successfully reorganizing.
Litigation
Recent rulings of interest to you and your practice.

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