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We found 1,145 results for "The Bankruptcy Strategist"...

Evolution of Pre-Bankruptcy Planning Raises Questions of Good Faith
August 01, 2023
In recent years, as extensive pre-bankruptcy planning has evolved, bankruptcy filings frequently involve affiliates of larger companies, engineered with a structuring of liabilities in mind. The question of whether these targeted filings are for a legitimate bankruptcy purpose or should be dismissed has been the subject of significant high-profile litigation.
How the Texas Two-Step Changes How Plaintiffs Litigate Mass Torts
August 01, 2023
By enabling defendants to shield themselves from mass tort liability, the "Texas Two-Step" is a new obstacle for plaintiffs pursuing mass tort cases against manufacturers of dangerous products.
Bankruptcy Considerations When There Is a Default On A Redevelopment Project
August 01, 2023
If economic pressures become intense and defaults are a possibility, redevelopers and their lenders will be driven to consider the unique issues presented when there is a default on a redevelopment project, including consideration of a bankruptcy filing to stave-off creditor lawsuits or real estate foreclosure
Could the $18.8M Talc Verdict Threaten J&J's Bankruptcy Plan?
August 01, 2023
The verdict, which excluded punitive damages, could have been much larger. But the jury's award has the potential to threaten the $8.9 billion settlement and, as a result, a proposed Chapter 11 reorganization plan in the bankruptcy of Johnson & Johnson's LTL Management.
Second Circuit Affirms Slashing of Unreasonable Fees In Dismissed Involuntary Bankruptcy Case
July 01, 2023
An involuntary bankruptcy petition is a limited, risky remedy for both creditors' counsel and debtor's counsel. The fee problems encountered by counsel for the petitioners and the putative debtor in this case provide a cautionary tale.
Second Circuit Sets Up Seven-Factor Test for Third-Party Releases In Bankruptcy Cases
July 01, 2023
The Second Circuit had a tough call to make in the Purdue Pharmacy bankruptcy appeal: What to do about the release given to the Sackler families who had agreed to contribute $5.5 to $6 billion to Purdue's reorganization plan but were not themselves in bankruptcy.
Bankruptcy Court Highlights Pitfalls to Avoid When Retaining Experts
July 01, 2023
Simply because the expert is retained by counsel in anticipation of litigation, does not automatically render all communications privileged.
Bankruptcy Judge Dismisses 3M Unit's Earplug Case, Concluding It Had No 'Valid Reorganization Purpose'
July 01, 2023
U.S. Chief Bankruptcy Judge Jeffrey Graham found that 3M subsidiary Aearo Technologies, which is financially solvent, had no "valid reorganization purpose" to file for Chapter 11 protection last year.
Delaware Bankruptcy Court Provides Guidance On Drafting Proxies
July 01, 2023
Proxies in voting and support agreements, secured debt instruments, and other corporate documents should be drafted in a manner that fully reflects the intended scope of the parties' proxy relationship.
Third Circuit: Pre-Bankruptcy Commercial Lease Termination Not Fraudulent Transfer
June 01, 2023
Is an insolvent debtor's pre-bankruptcy termination of a commercial lease a fraudulent transfer? The circuit courts seem to be split, however a close reading of cases in the Third and Seventh Circuits shows that the reasoning of both courts can be reconciled on their facts.

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