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We found 1,185 results for "The Bankruptcy Strategist"...

Fifth Circuit Trashes Bankruptcy Jurisdictional Overreach
January 01, 2026
Sanchez shows the limits of bankruptcy jurisdiction in concrete terms. In the court’s hard-hitting analysis, the decision should at least convince bankruptcy courts to avoid hearing most post-confirmation and unrelated third-party disputes.
Judge Blasts Defendant for Ignoring Discovery Obligations and More
January 01, 2026
A recent decision by Bankruptcy Judge Brendan Shannon was peppered with some harsh words for a defendant in an adversary proceeding. Judge Shannon said the party’s “failure to perform basic discovery responses and participation in litigation … has been breathtaking."
Structuring Litigation Funding Agreements
January 01, 2026
Litigation funding, has become a sophisticated big business. These funders expect substantial return for funding litigation costs up front and taking on the risk of low or no recovery. But how should such agreements be structured?
Time Limits Subject to Equitable Defenses, Fifth Circuit Rules
January 01, 2026
Langston serves as a reminder that the expiration of a deadline in the Rules may not be the final word on the matter. While not often the case, there may be an equitable defense to an expired deadline.
Bankruptcy Court Provides a Clear Benchmark on the Uses and Limits of Leveraging AI
December 01, 2025
In a decision of first impression, the U.S. Bankruptcy Court for the Northern District of Illinois imposed sanctions on a debtor’s counsel and his law firm for filing a brief that included fabricated citations to case law and nonexistent quotations that were generated by AI.
Third Circuit Blocks ‘Do-Over’ Under Rooker-Feldman Doctrine
December 01, 2025
A recent Third Circuit decision supports the general proposition that a bankruptcy proceeding cannot be used to revive foreclosure-related disputes that have been previously and conclusively resolved by a state court.
District Court Rules Backstop Fees Caused Chapter 11 Plan to Fail for Exclusivity
December 01, 2025
The “risk management” aspect of LME focuses on the compensation to be paid to the participating lenders to provide new investment and the additional time or optionality gained for the equity sponsor. Frequently the LME is followed by a bankruptcy case in which the participating lenders again attempt to exercise control over the process and their compensation through a restructuring support agreement and a prepackaged Chapter 11 plan. At least one district court has concluded that compensation payable to a subset of lender/investors in a creditor class violates this requirement, derailing a confirmed prepackaged Chapter 11 plan and remanding to the bankruptcy court to remedy.
Post-Bankruptcy Regulatory Compliance Claims Against Corporate Officers Stand after ‘Caremark’ Claim Challenge
December 01, 2025
Although alleged oversight claims are not uncommon, this case was unusual because the claims were not asserted derivatively by shareholders. Given the informational advantage enjoyed by the plan administrator, it was not surprising that the court found the complaint adequately pleaded Caremark claims against the named director defendants and two of the company’s officers.
Pre-Negotiation Agreements Can Protect Lender’s Interests In Distressed Commercial Real Estate Loan
December 01, 2025
Representing a lender during the workout of a troubled commercial real estate loan requires an attorney to protect the client from unanticipated consequences and material miscalculations. In addition to negotiating and documenting the prospective workout agreement, an attorney must preserve the client’s rights and remedies during business-level negotiations to protect against prejudice in the event a final agreement cannot be reached and remedies must be pursued.
Commercial Lease Claims and Environmental Cleanup Claims In Bankruptcy Law
November 01, 2025
In this article, we report on two recent decisions. One involves the calculation of landlord damage claims under Section 502 of the Bankruptcy Code, and the other involves whether environmental clean-up claims under federal and state law for commercial real estate were discharged under a confirmed Chapter 11 plan.

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