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

Implications of Transfer of Attorney-Client Privilege In Bankruptcy Cases
January 01, 2021
One of the most misunderstood areas of law for non-bankruptcy and bankruptcy attorneys alike is the attorney-client privilege, including the scope of the privilege, who holds it, and when and by whom it can be waived. As is often the case, in bankruptcy, additional complexities arise.
Bankruptcy Court Responses to COVID-19 Relief Orders
January 01, 2021
The economic impact of COVID-19-related shutdown orders, and the governmental directives, raise questions of how bankruptcy courts will respond.
Turn that Frown Upside Down
December 01, 2020
Using Subchapter V's Unlimited Debt Limit & Confirmation Requirements to Eradicate Personal Guarantees Limitations to Subchapter V suggest that it will be of no use to all but very small companies, but before turning completely away from the topic, there are other considerations in play.
Transportation Services Agreements At Risk in Chapter 11 Proceedings
December 01, 2020
In 2020, we've become all too familiar with the struggles of the gas and oil producers upon which many of our most popular industries rely. The resultant surge in restructuring activities, including Chapter 11 proceedings, among gas and oil producers is the highest in years.
Tenth Circuit Ruling May Impact Treatment of Student Loans In Bankruptcy
December 01, 2020
A recent ruling in the U. S. Court of Appeals for the Tenth Circuit represents a significant departure from the generalized belief that student loan debts cannot be discharged in bankruptcy, and which, if followed by other circuit courts, could have a dramatic impact on bankruptcy law.
Bankruptcy Courts Embracing Virtual ADR
December 01, 2020
Bankruptcy courts are embracing virtual alternative dispute resolution (ADR) processes to handle cases during this extraordinary period. Engaging in online mediation, and arbitration, can expedite Chapter 11 cases toward an equitable conclusion for the parties involved, while ensuring everyone can practice safe social-distancing.
Pandemic Accelerates Demand for Health Care Restructuring Lawyers
December 01, 2020
Lawyers at large and midsize law firms report they are advising more clients tied to troubled health care companies.
Time Is Running Out On Restructuring Under New Subchapter V
November 01, 2020
The clock is ticking for small businesses to take advantage of a new way to restructure under Chapter 11 of the Bankruptcy Code. New Subchapter V — part of the CARES Act — is set to expire early next year.
Treatment of Straddle Year Federal Taxes in Bankruptcy Cases
November 01, 2020
When does a tax liability claim arise in a bankruptcy case? The issue was recently addressed by the U.S. District Court for the District of Delaware which ruled that federal income taxes for the year in which a debtor files for bankruptcy are entitled to priority treatment as administrative expenses when the end of the taxable year occurred after the bankruptcy petition date.
Nondischargeability Judgment Requires Willful and Malicious Injury Under Section 523(a)(6)
November 01, 2020
In re Smith The Bankruptcy Appellate Panel for the Tenth Circuit recently joined the majority of circuit courts of appeals in finding that a creditor seeking a judgment of nondischargeability must demonstrate that the injury caused by the prepetition debtor was both willful and malicious under Section 523(a)(6) of the Bankruptcy Code.

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