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We found 1,124 results for "The Bankruptcy Strategist"...

On the Move
October 28, 2008
Who's doing what; who's going where.
Health-Care Cases
October 28, 2008
Health'care-industry bankruptcy cases are unique in complexity and sensitivity. As such, health-care bankruptcy cases are financially and legally multifaceted, and may contain political dynamics often unseen in other types of bankruptcies.
Is Anyone Safe?
October 28, 2008
While an attorney may believe he is fulfilling his professional duty by assisting a corporate client in effectuating a financial transaction, if such transaction is ultimately found to be a fraudulent transfer or a breach of the fiduciary duties of one or more of the corporate client's principals, the attorney who counseled the client on such transaction could find him- or herself liable for aiding and abetting a deepening insolvency.
The 547(c)(4) New Value Defense: Paid or Unpaid
October 28, 2008
It will come as no surprise that there is a long-standing split of authorities among the courts concerning whether or not subsequent new value must remain unpaid for the purposes of ' 547(c)(4). This article discusses where the courts stand today.
The Pluses and Minuses of Voluntary Mediation Sessions
September 29, 2008
More and more courts and legislatures are turning to mediation. This article concerns itself with the voluntary nature of these mediation sessions.
On the Move
September 24, 2008
Who's going where; who's doing what.
A Liquidating Trustee's Principal Tools for Resolving Tax Issues in Bankruptcies
September 24, 2008
As part of making distributions to allowed claimants of a bankrupt entity, a liquidating trustee must decide the best way to handle potential outstanding tax liabilities. This article discusses the benefits of Section 505.
How to Avoid Insider Preference Liability
September 24, 2008
The Tenth Circuit held on July 15, 2008, that a major creditor with a seat on the debtor's board of directors and a 10.6% equity interest was not an insider in a bankruptcy preference suit. As shown in this article, the decision contains a road map for corporate insiders on how to avoid preference liability.
The Financial State of the Automotive Industry
September 24, 2008
Despite all the recent media attention focused on bankruptcy concerns among the domestic three automakers, we do not anticipate any domestic OEM filing for bankruptcy protection. However, we anticipate increased bankruptcy activity within the supplier base in the latter part of 2008 and into 2009.
Discharge of Family Law Obligations in Bankruptcy
August 25, 2008
BAPCPA made significant changes in the treatment of alimony, child support and other obligations arising out of the dissolution of the marital relationship. This article refers to these obligations collectively as "family law obligations." Although many articles appeared in 2005 regarding the changes made by BAPCPA, it is worth revisiting these changes as they apply to the family law practitioner because the current economic downturn will lead to many more consumer bankruptcy filings in the remainder of 2008 and in 2009.

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