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

Debt Forgiveness: Watch Out for the Tax Consequences
January 29, 2009
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
January 28, 2009
Who's going where; who's doing what.
Can the Claims of Individual Creditors Be Assigned to a Litigation Trust for Prosecution?
January 28, 2009
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
January 28, 2009
Recent rulings of interest to you and your practice.
Score One for the Good Guys
January 28, 2009
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?
January 28, 2009
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?
December 15, 2008
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
December 15, 2008
Different aspects of bankruptcy law that may help clients face these troubled times.
Happy (?) New Year: 2009, Retailers and Bankruptcy
December 15, 2008
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
November 25, 2008
Recent rulings of interest to you and your practice.

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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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