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The Bankruptcy Strategist

March 2025
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Features

Harmonizing a Debtor’s Right to File for Bankruptcy Against a Creditor’s Desire to Protect Its Financial Interests Image

Harmonizing a Debtor’s Right to File for Bankruptcy Against a Creditor’s Desire to Protect Its Financial Interests

Francis J. Lawall & Hanna J. Redd

How to harmonize a debtor’s right to file against a creditor’s desire to protect its financial interests in that debtor has sparked a number of different judicial opinions.

Features

Did 'FTX' Start Trend of Using the Threat of an Examiner Costs and Complications As a Source of Leverage? Image

Did 'FTX' Start Trend of Using the Threat of an Examiner Costs and Complications As a Source of Leverage?

William E. Curtin & Chelsea McManus

There are some indications that parties may in fact be using the threat of an examiner and its associated costs and complications as a source of leverage, although the jury is still out on the full impact of the FTX decision on examiner motion practice.

Features

Enforceability of Governance Provisions Restricting Access to Seek Bankruptcy Relief Image

Enforceability of Governance Provisions Restricting Access to Seek Bankruptcy Relief

Corinne Ball

For more than six years there has been an ongoing debate regarding the enforceability of governance restrictions, whether blocking rights, golden shares and other provisions designed to manage access to bankruptcy relief. This year, another governance restriction was upheld in dismissing a bankruptcy filing by a debtor that failed to obtain the consent of the lender-approved independent manager as required by its LLC agreement.

Features

Mastering AI for Legal Professionals Image

Mastering AI for Legal Professionals

Eric Hoffmaster

Mastering AI tools is vital for law firms striving to remain competitive. The increasing demand for prompt and effective services means firms that do not adapt may fall behind. Mastery of AI enhances workflow efficiency while enabling predictive analysis, client insights, and improved decision-making.

Features

J&J’s Third Talc Bankruptcy Case Begins Image

J&J’s Third Talc Bankruptcy Case Begins

Amanda Bronstad

A critical trial in Johnson & Johnson’s talcum powder bankruptcy began on February 18, with several lawyers arguing to dismiss the Chapter 11 case and reject the $10 billion plan.

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