• Features

    Supreme Court Defers to State Law on Ownership of Tax Refund

    Michael L. Cook

    High Court Rejects Application of Bob Roberts Rule

    Federal courts should “turn to state law to resolve” a “fight over a tax refund,” held a unanimous U.S. Supreme Court in Rodriquez v. FDIC (In re United W Bancorp., Inc.)

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  • Features

    Expect Flurry of Bankruptcy Filings With Coronavirus Slowdown

    Lidia Dinkova

    Potential Clients Are Reaching Out to Bankruptcy Attorneys to Assess the Need for Business Filings

    Bankruptcy attorneys expected to get calls as the coronavirus pandemic swiftly slowed the economy — and they were right.

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  • Features

    Venue Reform in Corporate Bankruptcies

    A bipartisan group of House lawmakers has introduced a bill that aims to limit where distressed companies can file bankruptcy, making it harder for companies to file outside of the jurisdiction where they are headquartered or have most of their assets. The Bankruptcy Strategist asked Robert J. Gayda, a partner in Seward & Kissel’s Bankruptcy and Corporate Reorganization Group who represents a clients in all aspects of restructuring, about his thoughts on proposed venue reform in corporate bankruptcies.

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  • Features

    Asset Protection, Pre-Bankruptcy Planning and Code §727(a)(2)(A)

    Carlos J. Cuevas

    This article examines asset protection and pre-bankruptcy planning and its impact on a debtor’s discharge through Bankruptcy Code §727(a)(2)(A).

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  • Features

    A New Regime in Preference Litigation

    Steve Werth

    One of the provisions of the Small Business Reorganization Act amends the language of Bankruptcy Code Section 547 — which gives trustees and debtors in possession the right to seek to recover a payment to a third party in the 90-day period prior to the commencement of a bankruptcy case as a “preference” — to add a due diligence requirement. Though the intent behind the added language seems clear, it may not have its intended effect.

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