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

Subchapter V Filings Plummet After Senate Fails to Keep Higher Limit Intact
November 01, 2024
Subchapter V Filings for a recently crafted bankruptcy option meant to help small businesses overcome financial distress have plummeted after the U.S. Senate failed to pass a law that would keep its restrictions in place.
J&J's Bankruptcy Vote Has Some Claimants' Lawyers Calling for a Recount
November 01, 2024
The presidential vote is just a few days away, but the ballots in Johnson & Johnson's talc bankruptcy have lawyers already asking for a recount. At an Oct. 21 hearing, lawyers for thousands of talcum powder claimants clamored to crack open the confidential vote tabulation behind J&J's $9 billion prepackaged bankruptcy plan.
Delaware Faces Challengers But Maintains Lead In Bankruptcy Filings
November 01, 2024
Large corporations filing for bankruptcy continue to turn to Delaware more than any other venue nationwide, according to a new report from Cornerstone Research. While Delaware has long tallied more large corporate bankruptcies than any other jurisdiction, the gap between it and the next most popular venue, the Southern District of Texas, has widened in 2024.
Credible Fraudulent Transfer Advocacy
October 01, 2024
Appellate courts continue to use common sense when disposing of constructively fraudulent transfer appeals, as recent decisions show.
Congress' Failure to Extend Subchapter V Debt Limit Hurts Small Businesses
October 01, 2024
Where it applies, Subchapter V has been a great success. But, much of that success was due to a temporary change to the law that allowed more companies to qualify for Subchapter V treatment. That change has now expired, taking with it the only viable avenue for many businesses to reorganize.
How to Check a Privately-Held Company's Creditworthiness
October 01, 2024
How do you check on a company's creditworthiness when the company is privately held and does not make its financial statements publicly available? The answer is that you need to check alternative sources of information for hints as to whether the company is experiencing problems. This article provides some questions to ask to help recognize the warning signs in the answers.
Fifth Circuit: Subchapter V Corporate Debtors Are Subject to Discharge Exceptions
October 01, 2024
In the case of Avion Funding v. GFS Industries, the Fifth Circuit held that corporate debtors that elect to proceed under Subchapter V of Chapter 11 are, pursuant to Section 1192 of the Bankruptcy Code, subject to the discharge exceptions set forth in Section 523 of the Bankruptcy Code.
Third Circuit Orders Unwinding of Transaction Involving Transfers Which Passed Through Multiple Related Parties
October 01, 2024
Although not always straightforward or consistent, federal and state laws regarding the recovery of fraudulent conveyances are well developed. However, when the transaction flows through several transferees, the analysis can quickly become complicated. In a recent decision, Third Circuit employed such an analysis and ordered the unwinding of a transaction involving transfers which passed through multiple related parties.
LJN Quarterly Update: 2024 Q3
October 01, 2024
The LJN Quarterly Update highlights some of the articles from the nine LJN Newsletters titles over the quarter. Articles include in-depth analysis and insights from lawyers and other practice area experts.
Avoiding Double-Dipping: U.S. Trustee Fees and Creditor Trusts
September 01, 2024
The U.S. Trustee has recently taken the position that GUC Trusts (disbursements made by creditor trusts formed under bankruptcy plans) should be required to pay fees on account of their own disbursements to creditors. The outcomes in three recent bankruptcy cases highlight different approaches to addressing the U.S. Trustee's argument: closing bankruptcy cases early, deferring the issue to a later date, or focusing on the distinction between contingent and non-contingent assets.

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