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

Sixth Circuit: Section 363 Sale Not 'Free and Clear' of Creditor's Claims
September 01, 2021
Buyers generally assume that the multi-page "free and clear" order, which typically follows the sale hearing, will insulate them from any of the seller's current (and often) future liabilities. However, that is not always the case.
Escape New York: Court Dismisses NRA's Chapter 11 As Improper Tactic to Avoid New York's Non-Profit Regulatory Scheme
August 01, 2021
This article explores the competing factors the Bankruptcy Court considered and the rationale underlying its decision to grant the drastic relief of dismissing the NRA's bankruptcy case.
Obtaining Administrative Claim Status When Doing Business With a Debtor
August 01, 2021
How is administrative claim status obtained in a bankruptcy case, and what risks does a service or goods supplier take by continuing to do business with the debtor after commencement of the bankruptcy case?
Trustee Rights and Obligations When Debtor's Ch. 11 Case Converts to Ch. 7
August 01, 2021
U.S. Bankruptcy Court for the District of Delaware court held that a Chapter 7 trustee was bound by the pre-conversion actions of the debtors, and that the trustee would not be permitted to step into the shoes of the then-dissolved official committee of unsecured creditors to pursue certain causes of action.
Appellate Court Finds Plaintiffs' Claims Under Section 362 Not Automatically Stayed
July 01, 2021
Parties holding potential claims against non-debtor third parties that are arguably "related to" the bankruptcy estate must weigh the risks and benefits of actively prosecuting such claims. The mere fact that a bankruptcy trustee could pursue such claims as property of the bankruptcy estate under Section 541 of the Bankruptcy Code will not be enough to argue that such claims are conclusively barred by the automatic stay.
Retail Lease Workout In Bankruptcy Trends Show 'We're All In This Together'
July 01, 2021
Landlords and commercial tenants have proven savvy and mutually symbiotic. These entities learned quick lessons during the pandemic to sustain the landlord-tenant relationship on adjusted footing or otherwise to provide an agreeable runway for a lease exit minimizing the damage to landlords and tenants. Three workout trends reflect this changing landscape that "we are all in this together."
Subordination Agreements: Enforcement and Reorganization Participation
July 01, 2021
What provisions in a subordination agreement can be enforced, and can the subordinated creditor participate in the reorganization process if there is no prospect it will receive any distribution as a result of being subordinated?
Third Circuit: Assertions of Sovereign Immunity Can Be Scrutinized In the Bankruptcy Context
July 01, 2021
In an era of increasing participation and regulation by various governmental agencies in businesses eligible for bankruptcy relief, the Third Circuit's decision in Venoco is an important development for assessing the extent to which a distressed business can address action by a governmental unit through a bankruptcy case.
Cross-Border Insolvency In Brazil: The UNCITRAL Model Law Dances to A Samba Beat
June 01, 2021
After years of debate, Brazil recently enacted legislation amending its bankruptcy statute and modernizing the Brazilian insolvency system.
Update on Business Bankruptcy Legal Fees and Professionalism
June 01, 2021
A review of recent cases shows that poor billing judgment and unreasonable billing have been with us for decades.

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