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We found 1,106 results for "The Bankruptcy Strategist"...

Landmines In Bankruptcy Practice, Part II
February 01, 2024
By enforcing deadlines strictly, refusing to hear appeals from interlocutory orders, and rarely bypassing the district court for direct appeals, appellate courts have generally avoided what they view as unnecessary work and delay. But a few courts have made important exceptions in the past year.
DE Bankruptcy Court Decision Provides Reminder of Potential Consequences of Violating the Automatic Stay
February 01, 2024
An opinion from the U.S. Bankruptcy Court for the District of Delaware provides a reminder of the potentially severe punishment that a party can suffer as a result of its violation of the automatic stay of Section 362 of the Bankruptcy Code, even if the debtor does not suffer any actual damages as a result of the violation.
Could Mass Tort Bankruptcies Fall Apart in 2024?
February 01, 2024
Mass tort bankruptcies took some big hits in 2023, with two of them dismissed outright, and two more potentially hanging in the balance.
SCOTUS Looks for Remedy to Its Bankruptcy Fee Congressional Overstep Ruling
February 01, 2024
The U.S. Supreme Court on January 9 debated the proper remedy for its 2022 ruling that Congress violated the Constitution when it imposed steep bankruptcy fee hikes on large debtors in some districts but not others.
Top Bankruptcy Partners Rates Are Climbing
February 01, 2024
The trend of above-average rate increases began during the pandemic.
IP News
January 01, 2024
Federal Circuit: PTAB Did Not Err In Finding That It Retained Authority to Issue Final Written Decision After Deadline Passed Federal Circuit: District Court Did Not Err In Finding That an Abbreviated New Drug Application Is Limited to the Uses Described Therein
Three Things Trustees Should Know About Due Diligence in Preference Litigation
January 01, 2024
Courts have struggled with the interpretation of the 2019 amendment to Section 547, specifically whether the due diligence requirement is an element of a preference claim that must be adequately pleaded in the plaintiff's complaint. While the law is still developing, there are three important takeaways for trustees to consider.
Split Second Circuit Narrows Bankruptcy Code's Settlement Payment Safe Harbor
January 01, 2024
The majority was sensibly concerned with the possible structuring of leveraged buyouts by artful counsel who would use a financial institution as a "mere conduit" to exploit the Code's safe harbor.
Distressed Real Estate Bankruptcies Continue, Despite Interest Rate Peak
January 01, 2024
Although interest rates may have peaked, we continue to expect a large volume of distressed real estate debtors to utilize the bankruptcy system over the next couple of years. This article analyzes two recent decisions regarding distressed real estate bankruptcies, both of which involve rights of real estate lenders against proceeds of collateral other than the real estate itself.
To What Extent Does a Bankruptcy Court Have Jurisdiction Over a Post-Confirmation Lawsuit?
January 01, 2024
In the recent decision of Tew v. ED&F Man Capital Markets, the U.S. Bankruptcy Court for the Eastern District of Kentucky addressed a thorny decision for all bankruptcy courts, namely to what extent a bankruptcy court has jurisdiction over a post-confirmation lawsuit.

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