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The experienced bankruptcy professional is sometimes faced with the dilemma of a business client with financial issues ideally solvable in Chapter 11, but for the certainty that a lethal combination of the proceeding's cost and deleterious operational effect will surely result in forced liquidation rather than restructure. Such was the dilemma faced by Herrick, Feinstein LLP when it was consulted by the economically troubled Glazier Group, Inc. (“GGI”) in June 2010.
GGI in Distress
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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