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"...

Seller, Beware
June 18, 2010
Companies that continue to supply to a customer after the customer files for Chapter 11 bankruptcy protection should take note of a recent decision from the Eleventh Circuit that required a supplier to return the money it was paid by a Chapter 11 debtor ' for goods shipped to the debtor post-petition ' because the debtor did not have authority to make the payment in the first place.
The Challenge of Determining Enterprise Value in Volatile Markets
June 18, 2010
Arguments about value lie at the heart of many disputes in Chapter 11 cases. Yet, despite how critical it is to the outcome of these cases, bankruptcy courts often have extreme difficulty determining value. This makes valuation a fertile source of litigation.
Leveraged Buyouts Made Less Safe from Fraud Actions in Delaware
May 25, 2010
In the recent decision in <i>Mervyn's, LLC v. Lubert-Adler Group IV, LLC</i> (<i>In re Mervyn's Holdings LLC</i>), a Delaware bankruptcy court allowed a debtor to proceed with a suit against its former parent, alleging a fraudulent conveyance and breach of fiduciary duty to the debtor and its creditors.
Qualified Intermediary Bankruptcies
May 25, 2010
A look at the Land America bankruptcy, in which approximately 450 individual exchangers suddenly lost legal possession of their exchange proceeds when Land America filed for bankruptcy.
Secured Lenders Do Not Have an Absolute Right to Credit Bid at Bankruptcy Plan Sales
May 25, 2010
In a decision that could have wide-ranging consequences for secured lenders and the distressed debt market, a divided U.S. Court of Appeals for the Third Circuit has held that secured creditors do not have an absolute right to credit bid the value of their loans in Chapter 11 plan-based sales of assets.
Will That New Associate Get You Disqualified?
April 28, 2010
When your firm takes on a new hire, you may be putting the firm at risk for disqualification from a large case. Here's why.
Champerty Clarified
April 27, 2010
In a decision of great significance to secondary market distressed debt and claims purchasers, the New York Court of Appeals recently held that this type of "standard" assignment of claim does not violate New York's champerty statute.
It's All About the Guaranty
April 27, 2010
Every legal and financial adviser dealing with distressed real estate needs to put up a sign reminding themselves (and their clients) that "It's all about the guaranty.
How Safe Is the Harbor?
April 27, 2010
Do the Bankruptcy Code safe-harbor provisions have some unintended consequences? Can they adequately address systemic risk in an environment of ever-changing complex financial transactions? A complete analysis.
How to Avoid Paying for Your Divorce
March 29, 2010
Two recent New Jersey cases highlight the problems matrimonial attorneys are having collecting their fees, and the creative methods clients are using to avoid payment.

MOST POPULAR STORIES

  • Substantive Non-Consolidation Opinion Letters
    <b><I>Considerations for Bankruptcy Counsel</I></b><p>Substantive non-consolidation opinion letters have long been a regular “check-the-box” item in large commercial real estate transactions. While substantive consolidation jurisprudence has not changed materially over the past decade, these opinion letters should not be treated lightly by borrowers or their counsel.
    Read More ›
  • Major Differences In UK, U.S. Copyright Laws
    This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
    Read More ›
  • Strategy vs. Tactics: Two Sides of a Difficult Coin
    With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
    Read More ›