Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Search

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

Which Financial Representations Will Justify a Discharge Objection after Lamar, Archer?
November 01, 2018
The Supreme Court's decision in <i>Lamar, Archer &amp; Cofrin, LLP v. Appling</i> has significantly constricted the range and nature of statements that will support a successful objection by a creditor to the discharge of a debt that was obtained by the statements in question. This constriction could have a very real impact on how entities that loan money or provide services on credit review and collect information regarding a borrower's creditworthiness.
Defusing the UST Tax Bomb
October 01, 2018
<b><i>How Lenders and Debtors can Minimize UST Fees and Maximize Creditor Recoveries</b></i><p>As predicted in the first part of this article (May, 2018), the new United States Trustee (UST) fee has had a disproportionate effect on middle-market, high-velocity cash flow companies. The best solution is for Congress to revisit the fee structure and refine it to reflect the realities of particular cases and the actual burden on the UST.
Eleventh Circuit Strengthens Creditor's Defense to Preference Claim
October 01, 2018
A defendant creditor in a preference suit may offset 1) the amount of later “new value” it sold to the Chapter 11 debtor against 2) the debtor's earlier preferential payment to the creditor, the U.S. Court of Appeals for the Eleventh Circuit recently held.
The Bankruptcy Code's Inherent Limitations for Struggling Golf Courses
October 01, 2018
<b><i>Part Two of a Two-Part Article</b></i><p>The ability of a debtor to reject a restrictive covenant under Section 365 or to sell free and clear of a covenant under Section 363(f) is limited and the obstacles are difficult to surmount. A possible solution, however, may surface if a debtor can demonstrate a change of circumstances under state law.
Third Circuit Affirms Reversal of $275M Break-Up Fee in Del. Bankruptcy Case
October 01, 2018
The U.S. Court of Appeals for the Third Circuit on Sept. 13 upheld a Delaware Bankruptcy Court's decision to block a Florida-based energy company from collecting a $275 million merger termination fee against the bankruptcy estates of Energy Future Holdings Corp. and a subsidiary.
Acquisition of Claims for Plan Control
September 01, 2018
The United States Court of Appeals for the Ninth Circuit recently provided additional guidance to creditors seeking to block confirmation of a plan by…
'Secured Lender's Corner:' Protecting the Secured Lender Before a Mortgagor or Lessee Files Bankruptcy
September 01, 2018
It is important for a secured lender to protect itself when entering a transaction with a borrower or lessee to avoid a total loss if the borrower or lessee files a bankruptcy petition or if the leased equipment is damaged, missing or both.
The Bankruptcy Code's Inherent Limitations for Struggling Golf Courses
September 01, 2018
<b><i>Part One of a Two-Part Article</b></i><p>A simple Web search will unearth countless privately-owned golf courses that have closed, are for sale, or have sought bankruptcy protection as an avenue toward a financial restructuring or redevelopment. However, there are limitations on what the owner of a golf course can accomplish in Chapter 11 when the property is burdened with restrictive covenants limiting the use of the property.
On the Move
September 01, 2018
Attorney and law firm moves in bankruptcy law.
The Domesticity Barrier to Recognition of a Foreign Proceeding Under Chapter 15
August 01, 2018
<b><i>How Low Can You Go?</b></i><p>In <i>In re B.C.I. Finances Pty Limited,</i> Judge Sean Lane reiterated the low domestic presence threshold (Domesticity) that a foreign representative must meet when it is petitioning for recognition of a foreign proceeding under Chapter 15.

MOST POPULAR STORIES