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We found 1,176 results for "The Bankruptcy Strategist"...

Don't Delay, Obtain a Stay
December 20, 2010
A recent Sixth Circuit opinion may rebuke implicitly a controversial holding of the Ninth Circuit Bankruptcy Appellate Panel in 2008, holding that the lien-stripping effect of a sale pursuant to ' 363(f)of the Bankruptcy Code could be unwound on appeal.
Medicaid Divorce: An Overview
November 29, 2010
This article covers some of the issues that should be considered if clients wish to examine the possibility of a Medicaid divorce.
Valuation Disputes in Bankruptcy Litigation
November 26, 2010
In contested bankruptcy cases, success in litigation ' over issues such as the enterprise value of the debtor ' can determine the success of the reorganization. Management and the board of directors should be aware of (and plan for) certain dispute-related "facts of life," long before the company files in court.
Substantial Contribution Claims
November 26, 2010
In two recent decisions, the United States Bankruptcy Court for the Southern District of Texas clarified the subjective standards regarding a creditor's entitlement to an allowed administrative expense under ' 503(b)(3) and (4) of the Bankruptcy Code.
Texas Rangers: A Big Changeup on Impairment?
November 26, 2010
The concept of "impairment" under a Chapter 11 plan has evolved since the Bankruptcy Code was enacted. A noteworthy step in that development was part of a ruling by the bankruptcy court overseeing the whirlwind Chapter 11 case of Major League Baseball's Texas Rangers.
Developments in Distressed Lending
October 26, 2010
Recently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.
Unprecedented Challenges in Commercial Real Estate Restructuring
October 26, 2010
The authors identify some practical "watch out for's" when attempting to restructure a CRE entity against the backdrop of today's unprecedented market conditions.
League Impact on the Sports Team Bankruptcy Process
October 26, 2010
In Part One of this article, the authors explored two recent Chapter 11 bankruptcy cases for the Chicago Cubs and the Texas Rangers. The conclusion herein discusses the Chapter 11 experience of the NHL's Phoenix Coyotes.
DE Bankruptcy Court Denies Appointment of Examiner Despite Statutory Mandate
September 28, 2010
The United States Bankruptcy Court for the District of Delaware recently denied the appointment of an examiner, notwithstanding the fact that the statutory threshold which arguably mandates the appointment of an examiner upon the request of a party in interest had been satisfied.
Contractually Amendable Retiree Health and Welfare Benefits
September 28, 2010
In a controversial decision, the Third Circuit has ruled that a debtor must comply with the stringent procedural and substantive requirements of 11 U.S.C. ' 1114 to terminate retiree health and welfare benefits that the debtor contractually retained the right to modify at will.

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  • Navigating the Attorney-Client Privilege and Work Product Doctrine in Bankruptcy
    When a company declares bankruptcy, avoidance actions under Chapter 5 of the Bankruptcy Code can assist in securing extra cash for the debtor's dwindling estate. When a debtor-in-possession does not pursue these claims, creditors' committees often seek the bankruptcy court's authorization to pursue them on behalf of the estate. Once granted such authorization through a “standing order,” a creditors' committee is said to “stand in the debtor's shoes” because it has permission to litigate certain claims belonging to the debtor that arose before bankruptcy. However, for parties whose cases advance to discovery, such a standing order may cause issues by leaving undecided the allocation of attorney-client privilege and work product protection between the debtor and committee.
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