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

In Pari Delicto: The Seventh Circuit Gives New Life to Evil Zombies
July 26, 2012
A recent decision is critically important to bankruptcy lawyers, particularly those who prosecute and defend causes of action brought by bankruptcy estates and their representatives.
July issue in PDF format
June 26, 2012
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In re Grumman
June 26, 2012
A recent decision by the United States District Court for the Southern District of New York explores the tension between the duty to maximize the value of the estate in bankruptcy and the due process rights afforded to future claimants in the context of a sale under ' 363 of the Bankruptcy Code.
Secured Creditors Secure Win
June 26, 2012
In a major victory for secured creditors, the United States Supreme Court unanimously held that a Chapter 11 plan involving a sale of secured property free and clear of a creditor's lien must afford the secured creditor the right to credit bid for the property under section 363(k) of title 11 of the United States Code. In so holding, the Court resolved the split that had emerged among the United States Circuit Courts of Appeals.
TOUSA Case Takes Another Twist
June 26, 2012
The closely watched TOUSA, Inc. case took another twist on May 15, when the Eleventh Circuit Court of Appeals reversed the decision of the United States District Court for the Southern District of Florida and reinstated the bankruptcy court opinion in its entirety. The decision reinforces the level of diligence and care that lenders must undertake in cases involving borrower subsidiaries, especially with respect to upstream loan transactions.
The Distressed Shipping Market Attracts Private Equity
June 26, 2012
Since the collapse of Lehman Brothers, private equity has explored the distressed markets to find hidden value. With the decline in world demand, the workhorse of the transportation sector, shipping, is an obvious target. This article explores some of the risks in an investment in shipping.
Asbestos Claims
May 27, 2012
Asbestos defendants that file for reorganization under the U.S. Bankruptcy Code and seek to establish a personal injury trust for the payment of claims may transfer their liability insurance recovery rights to the trust even if the insurance policies include provisions barring the transfer of such rights.
Court Reverses 'Ponzi-Like' Fraudulent Transfer Ruling
May 27, 2012
The Fifth Circuit recently reversed a district court's fraudulent transfer judgment based on a financially troubled entity's gift to a charity. <i>The American Cancer Society v. Cook</i>.
Issue-Specific Withdrawal of the Reference
May 27, 2012
This article considers the genesis, tendency and scope of the district courts' withdrawals of the reference in some of the more complex proceedings pending today.
Lehman Brothers' ADR Procedures for Resolving Its Derivative Contracts in Bankruptcy
May 27, 2012
Lehman Brothers' bankruptcy case was the largest and most complex Chapter 11 case in history. Here's an inside look.

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