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

There Is No Post-Confirmation True-Up of Projected Disposable Income In Subchapter V
May 01, 2021
A large number of reported decisions interpreting Sub V have mostly addressed the eligibility threshold for a debtor to proceed under the new law. And legitimate questions will continue to present themselves. Such is the nature of most new (and even not-so-new) statutes.
PPP Loans and Small Business Debtors In Bankruptcy
May 01, 2021
At present, there remains no avenue for Chapter 11 debtors to receive PPP Loans during the course of the bankruptcy case. The limitation on PPP availability notwithstanding, other legislative changes have greatly enhanced the eligibility for and efficacy of bankruptcy relief for many small businesses.
Employment Law Considerations In Bankruptcy
May 01, 2021
This article addresses some of the relevant employment laws and litigation vulnerabilities that companies, including their owners, officers and directors, should consider before ceasing operations or filing for bankruptcy.
Fraudulent Transfer Claims In Claw Back Litigation
May 01, 2021
This article focuses on the basics of fraudulent transfer claims and solvency analysis in the context of lawsuits where a plaintiff is seeking to recover payments made prior to the bankruptcy case being commenced, sometimes referred to as "claw back" litigation.
Just Say No: Discovery In Chapter 15 Bankruptcies Is Asymmetrical
April 01, 2021
Chapter 15 specifically allows foreign representatives to conduct discovery in the U.S., but be wary of other entities that seek to distract and/or delay the Foreign Representative from the asset search.
Appellate Courts Split On Bankruptcy Ownership of Malpractice Claims
April 01, 2021
Judicial hair-splitting, when applying state law to federal bankruptcy cases, creates only uncertainty.
Asserting the Common Interest Doctrine In Plan-Related Discovery
April 01, 2021
The common interest doctrine can be a powerful tool when used to block discovery of relevant and sometimes critical evidence. However, a determination of when it can be invoked requires a highly fact-intensive analysis.
How Does a Bankruptcy Litigator Move from One Law Firm to Another?
April 01, 2021
Chapter 11 work can be episodic and uneven, and while litigation skills are essential, it is also quite specialized. So, given these qualities, how does a bankruptcy litigator go about moving from one law firm to another, and what are the pitfalls?
What a Post-COVID-19 World: Debtors' Extraordinary Responses to COVID-19
March 01, 2021
The impact of the pandemic rages on and, in its path leaves many businesses and industries demolished or, at best, severely impaired. Once again, the Bankruptcy Code has been called upon to provide relief to those in dire need
ABCs As an Alternative to Bankruptcy for Implementing Distressed Transactions
March 01, 2021
Companies suffering financial distress frequently reach a crossroads where they need to either implement some type of transaction or will be forced to liquidate. In developing a plan for moving forward, management should evaluate and determine, with appropriate input from outside experts, feasible alternatives.

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