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

How Bankruptcy Courts Will Treat Cases Involving Cryptocurrency Exchanges
February 01, 2019
This article looks at some of the issues that may arise if a cryptocurrency exchange becomes a debtor in a case under the Bankruptcy Code.
The How, What and Why of a Potential PG&E Bankruptcy
February 01, 2019
PG&E Corporation and its subsidiary, Pacific Gas & Electric Company announced that it expects to file for Chapter 11 bankruptcy protection on or around Jan. 29, 2019, right around the conclusion of a mandatory 15-day notice requirement under California law. Such a filing would represent the second time PG&E resorted to protection under the U.S. Bankruptcy Code.
Junior Noteholders Successfully Petition for Dismissal of Involuntary Filing
February 01, 2019
The bankruptcy court's ruling is a seminal decision that meaningfully circumscribes the ability of a secured noteholder under an indenture, particularly for structured debt, to force the debtor (i.e., issuer of the debt) into an involuntary bankruptcy.
Reports of the Demise of 'Gifting' Chapter 11 Plans Are An Exaggeration
January 01, 2019
In Nuverra Environmental Solutions,, the U.S. District Court for the District of Delaware affirmed a bankruptcy court order confirming a non-consensual Chapter 11 plan that included "gifted" consideration from a senior secured creditor to fund unequal distributions to two separate classes of unsecured creditors.
Eighth Circuit Rejects Ponzi Scheme Presumption to Protect Legitimate Loan Repayments
January 01, 2019
The Eighth Circuit affirmed the lower courts' dismissal of a bankruptcy trustee's $250 million fraudulent transfer suit against two banks (the Banks), rejecting the so called “Ponzi scheme presumption” that “allows a creditor to by-pass the proof requirements of a fraudulent-transfer claim by showing that the debtor operated a Ponzi scheme and transferred assets 'in furtherance of the scheme.'”
Fifth Circuit Holds Asset Purchaser Unable to Acquire Rejected License Agreement
December 01, 2018
A license agreement "deemed rejected by operation of law" could not be acquired under a court-approved asset purchase agreement, held the U.S. Court of Appeals for the Fifth Circuit
Secured Creditors Beware of Your Descriptions, Nomenclature and Terminations
December 01, 2018
Secured creditors can learn a great deal from a few recent bankruptcy cases involving the Uniform Commercial Code that remind us that the “devil is in the details.” These cases show that it is unrealistic to expect forgiveness by a court after a misstep involving Article 9 of the UCC.
Strawberry Fields For Sale
December 01, 2018
On Oct. 3, 2018, the Chapter 11 Liquidating Plan of Eclipse Berry Farms, LLC was confirmed, concluding a two-year journey from one of the largest strawberry growers in the country to the cessation of operations and eventual liquidation.
Debtor v. UST: The Battleground Over Retention of a Chief Restructuring Officer
November 01, 2018
The battle over retaining a chief restructuring officer, which the United States Trustee has traditionally not objected to, is heating up.
Second Circuit Rejects Use of Involuntary Bankruptcy Petition As Collection Tool
November 01, 2018
A bankruptcy court properly dismissed a creditor's involuntary bankruptcy petition “for cause” when it “would serve none of the Bankruptcy Code's goals or purposes … and [when] the sole [petitioning] creditor is not substantially prejudiced by remedies available under state law,” held the U.S. Court of Appeals for the Second Circuit in </i>In re Murray.</i>

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