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We found 1,170 results for "The Bankruptcy Strategist"...

Wrestling With the Meaning of 'Ordinary' Under the Bankruptcy Code
April 01, 2022
The Bankruptcy Code protects regular, ordinary commercial transactions between distressed companies and vendors willing to continue the relationship. But what is ordinary?
Common Issues In Commercial Property Bankruptcies
April 01, 2022
A review of landlord-tenant bankruptcy issues that should be in the forefront for landlords and tenants in determining rights, obligations and strategies when a bankruptcy involving a commercial property is filed.
The Coming Thaw for Distressed M&A: Opportunities and Best Practices for Lenders In Financing Distressed Business Acquisitions
March 01, 2022
This article focuses on the financing opportunities buying the business of a Chapter 11 debtor will create for lenders, highlights the benefits of financing bankruptcy acquisitions, and identifies some potential challenges and best practices to ensure that lenders minimize any risks and receive maximal protection for themselves.
Update on Bankruptcy Appellate Practice Part Four: Interlocutory Appeals — Deadlines
March 01, 2022
This installment of our appellate series reviews recent cases addressing the district courts' review of interlocutory bankruptcy court orders and the enforceability of appellate deadlines. As we have shown with other case law governing appeals, real obstacles confront practitioners appealing from bankruptcy court rulings.
Corporate Resiliency Revisited: Ensure Financial Health Ahead of an Economic Downturn
March 01, 2022
now is a critical time for companies to reassess their business and finances if they have not already, so that they can be prepared for the future. Proper planning is key to ensuring a company's financial health when facing an economic downturn.
Poorly Drafted Nondisclosure Agreements Can Have Lasting, and Expensive, Results
March 01, 2022
In today's increasingly complex, competitive and litigious business environment where nondisclosure agreements have crept in scope to also be noncompete agreements or anti-poaching agreements in addition to confidentiality agreements, the need for legal professionals with generalized knowledge who have managed business enterprises on a whole has become a mainstay of the corporate world.
Update on Bankruptcy Appellate Practice Part Three — Finality
February 01, 2022
This installment of our appellate practice series reviews recent cases addressing the appellate jurisdiction of district courts and the courts of appeals, referred to as the "finality" doctrine.
Bankruptcy Court Gives Pre-Petition Antitrust Claims Administrative Priority Status
February 01, 2022
The Delaware District Bankruptcy Court ruled that claims arising from pre-petition antitrust cases filed against the debtor could constitute post-petition claims entitled to administrative priority status. The court held that the public policy that favors a "fresh start" for debtors would not preclude damages from post-petition sales of products in violation of federal antitrust laws from receiving administrative expense priority.
Will Supreme Court Settle Sale of Tax Liens Issue?
February 01, 2022
There's a split among circuit courts on whether tax foreclosure sales may be avoidable as preferential and fraudulent transfers by property owners who subsequently seek relief under the Bankruptcy Code. If the Supreme Court eventually weighs in to resolve this circuit split, property owners, municipalities, and potential bidders for tax liens across the country will receive greater clarity on this critical issue.
Bankruptcy Practices Using Slowdown to Restructure, Sniff Out Distressed Sectors
February 01, 2022
Bankruptcy practice leaders admittedly have some time on their hands, which they're using to sniff out insolvency in distressed sectors and market their services to existing and potential clients.

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