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We found 1,129 results for "The Bankruptcy Strategist"...

COVID-19 Related Governmental Shut Down Order Triggers Force Majeure Provision In Restaurant Leases
September 01, 2020
While commercial leases and the force majeure clauses contained in such leases vary widely, a recent decision from the United States Bankruptcy Court for the Northern District of Illinois may provide guidance to parties and help them to resolve similar disputes without resorting to the courts.
What's Your Trademark Worth? Determining the Value of Trademarks For Collateral, Sale or Licensing
September 01, 2020
This article explores the options available to a client to value its trademarks during a financial crisis, to ensure one of the most valuable assets it owns can continue to work for the company and see it through the lean times.
Do COVID-19 Rent and Eviction Protections Just Delay Inevitable Bankruptcy?
September 01, 2020
In attempts to alleviate the impact of job losses and business disruption due to COVID-19, state and local governments have passed emergency orders and regulations temporarily prohibiting evictions and extending deadlines to pay rent, among other restrictions. When those restrictions are lifted, there is no guarantee that they will have done more than delay the inevitable: eviction and bankruptcy.
Bankruptcy Code Section 502(d) Claim Disallowance Issues 'Travel With' the Claim
September 01, 2020
In a recent decision, the U.S. Bankruptcy Court for the Southern District of New York held that claim disallowance issues under Section 502(d) of the Bankruptcy Code "travel with" the claim, and not with the claimant.
How to Make Paid Digital Effective for Post-COVID-19 Law Firm Marketing
September 01, 2020
After spending the last six to eight weeks in COVID-crisis mode, most firms are now eyeing a move toward business recovery. This means that it is also now time for law firms to reevaluate their marketing strategies to ensure they are aligned to support business goals in this new climate. One overlooked area that law firms should consider adding to their marketing arsenal is digital paid media.
10th Circuit Looks At Nuances of Challenging Fraudulent Conveyance
September 01, 2020
Under the Bankruptcy Code, not only can the initial recipient of a fraudulent conveyance be held liable, but so too can a subsequent transferee. However, there can be important nuances in the challenged transaction that may provide a subsequent transferee with a substantial defense.
Bankruptcy 'Plunderers' Can Be Sued by Creditors, Third Circuit Rules
September 01, 2020
The U.S. Court of Appeals for the Third Circuit has ruled in a precedential decision that in cases where a trustee has abandoned a bankrupt entity, a creditor can nevertheless sue those who "plunder" a near-insolvent company of its remaining assets.
Bankruptcy Sales: Finding a Diamond In the Rough
August 01, 2020
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
J.Crew Allowed to Shutter Under Terms of Mall Lease
August 01, 2020
Malls across America, long suffering even before the rise of COVID-19, are now forced to confront a wave of store closures that will inevitably result from current factors. Troubled retailers will, without doubt, seek to close their failing mall locations. To stem these efforts, landlords have applied to courts for injunctive relief to force stores to remain open and operating through the enforcement of the "continuous operations provision" found in mall leases.
The Bankruptcy Code's Anti-Discrimination Section and COVID-19
August 01, 2020
The pandemic has spurred analysis of legal issues as businesses grapple with their respective relationships with both private and public entities. In this article, the authors examine Section 525 of the Bankruptcy Code — the anti-discrimination section, and its implications during COVID-19.

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