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Languages : en
Pages : 14
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Category :
Languages : en
Pages : 14
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Category :
Languages : en
Pages : 90
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Category : Law reports, digests, etc
Languages : en
Pages : 862
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Author: Ginsberg, Martin, Kelley
Publisher: Wolters Kluwer
ISBN: 0735575525
Category :
Languages : en
Pages : 3720
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Author: Cook
Publisher: Wolters Kluwer
ISBN: 1454843632
Category : Law
Languages : en
Pages : 1574
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Every step in the business bankruptcy litigation process is covered in Aspen Publishers' Bankruptcy Litigation Manual, from the drafting of the first pleadings through the appellate process. In fact, by making the Bankruptcy Litigation Manual a part of your working library, you not only get detailed coverage of virtually all the topics and issues you must consider in any bankruptcy case, you also get field-tested answers to questions you confront every day, such as: How to stay continuing litigation against a corporate debtor's non-debtor officers? What are the limits on suing a bankruptcy trustee? Is the Deprizio Doctrine still alive? Does an individual debtor have an absolute right to convert a case from Chapter 7 to Chapter 13? What prohibitions exist on cross-collateralization in financing disputes? Are option contracts "executory" for bankruptcy purposes? When, and under what circumstances, may a bankruptcy court enjoin an administrative proceeding against a Chapter 11 debtor? What are the current standards for administrative priority claims? When must a creditor assert its setoff rights? When can a remand order issued by a district court be reviewed by a court of appeals? What are the limits on challenging pre-bankruptcy real property mortgage foreclosures as fraudulent transfers? Can an unsecured lender recover contract-based legal fees incurred in post- bankruptcy litigation on issues of bankruptcy law? Is there a uniform federal limitation on perfecting security interests that primes a longer applicable state law period, thus subjecting lenders to a preference attack? Do prior bankruptcy court orders bar a plaintiff's later state court suit and warrant removal of the action in federal court? Michael L. Cook, a partner at Schulte Roth & Zabel LLP in New York and former long-time Adjunct Professor at New York University School of Law, has gathered together some of the country's top bankruptcy litigators to contribute to Bankruptcy Litigation Manual.
Author: By Michael L. Cook
Publisher: Wolters Kluwer
ISBN: 1454856556
Category : Law
Languages : en
Pages : 1588
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Every step in the business bankruptcy litigation process is covered in Aspen Publishersand’ Bankruptcy Litigation Manual, from the drafting of the first pleadings through the appellate process. In fact, by making the Bankruptcy Litigation Manual a part of your working library, you not only get detailed coverage of virtually all the topics and issues you must consider in any bankruptcy case, you also get field-tested answers to questions you confront every day, such as: How to stay continuing litigation against a corporate debtorand’s non-debtor officers? What are the limits on suing a bankruptcy trustee? Is the Deprizio Doctrine still alive? Does an individual debtor have an absolute right to convert a case from Chapter 7 to Chapter 13? What prohibitions exist on cross-collateralization in financing disputes? Are option contracts and“executoryand” for bankruptcy purposes? When, and under what circumstances, may a bankruptcy court enjoin an administrative proceeding against a Chapter 11 debtor? What are the current standards for administrative priority claims? When must a creditor assert its setoff rights? When can a remand order issued by a district court be reviewed by a court of appeals? What are the limits on challenging pre-bankruptcy real property mortgage foreclosures as fraudulent transfers? Can an unsecured lender recover contract-based legal fees incurred in post- bankruptcy litigation on issues of bankruptcy law? Is there a uniform federal limitation on perfecting security interests that primes a longer applicable state law period, thus subjecting lenders to a preference attack? Do prior bankruptcy court orders bar a plaintiffand’s later state court suit and warrant removal of the action in federal court? Michael L. Cook, a partner at Schulte Roth and& Zabel LLP in New York and former long-time Adjunct Professor at New York University School of Law, has gathered together some of the countryand’s top bankruptcy litigators to contribute to Bankruptcy Litigation Manual. Contributing Authors: Jay Alix, Southfield, MI Neal Batson, Alston and& Bird, LLP, Atlanta, GA Kenneth K. Bezozo, Haynes and Boone, New York, NY Susan Block-Lieb, Fordham University School of Law, Newark, NJ Peter W. Clapp, Valle Makoff, LLP, San Francisco, CA Dennis J. Connolly, Alston and& Bird, LLP, Atlanta, GA David N. Crapo, Gibbons P.C., Newark, NJ Karen A. Giannelli, Gibbons P.C., Newark, NJ David M. Hillman, Schulte Roth and& Zabel, LLP, New York, NY Alfred S. Lurey, Kilpatrick and& Stockton, Atlanta, GA Gerald Munitz, Butler Rubin, Salterelli and& Boyd, LLP, Chicago, IL Robert L. Ordin, Retired Bankruptcy Court Judge Stephen M. Pezanosky, Haynes and Boone, LLP, Partner and Chair of Bankruptcy Section, Fort Worth, TX Robin E. Phelan, Haynes and Boone, LLP Dallas, TX Daniel H. Squire, Wilmer Cutler Pickering Hale and Dorr, LLP, Washington, DC Michael L. Temin, Fox Rothschild, LLP, Philadelphia, PA Sheldon S. Toll, Law Office ofSheldon S. Toll, Southfield, MI Jason H. Watson, Alston and& Bird, LLP, Atlanta, GA Kit Weitnauer, Alston and& Bird, LLP, Atlanta, GA Written by Mr. Cook and nineteen other experts, Bankruptcy Litigation Manual provides authoritative, up-to-date information on virtually every aspect of the bankruptcy litigation process, from discovery through appeal.
Author:
Publisher: Andrew Smith
ISBN: 0615309941
Category :
Languages : en
Pages : 248
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A solvency opinion provides assurance to a company's Board of Directors and/or the lenders that the transaction will not likely subject the Company and its unsecured and other creditors to undue financial distress. Houlihan will undertake a solvency opinion engagement for companies involved in highly leveraged transactions. Examples include leveraged buyouts, leveraged recapitalizations, leveraged dividends or other such situations where there may be minimal equity involved. Houlihan has also completed solvency opinions for spin-off transactions in conjunction with capital restructuring and significant debt refinancing.The Federal Bankruptcy Code defines "insolvent" as the condition in which the total of a person's debts exceeds the value of its property at a fair valuation. Recent case law suggests that the fair valuation of property is its value on a going-concern basis. A solvency letter expresses an independent expert opinion on a borrower's ability to remain solvent under the burden of additional liability, to pay debts as they mature, and to continue operations as a going-concern in dynamic economic conditions.In connection with a leveraged recapitalization, interested parties such as new secured lenders and sellers will often, due to fraudulent conveyance concerns, seek an independent determination and opinion as to the impact of the acquisition debt on working capital, cash flow, and equity value. Houlihan is highly familiar with the Tests of Capitalization and Solvency and is able to efficiently and cost-effectively provide analysis that provides a layer of comfort to interested parties.
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Publisher: Andrew Smith
ISBN:
Category :
Languages : en
Pages : 248
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Publisher:
ISBN:
Category : Bankruptcy
Languages : en
Pages : 1210
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Author: Richard A. Rosen
Publisher: Wolters Kluwer
ISBN: 073551478X
Category : Law
Languages : en
Pages : 2486
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Book Description
With nearly all corporate disputes being resolved in settlements, drafting strong, enforceable settlement agreements is one of the most critical and challenging areas of corporate and commercial law practice today. Yet there has never been a single, comprehensive guide to the complex legal issues involved in negotiating, drafting and enforcing settlement agreements until Settlement Agreements in Commercial Disputes. Here, in two comprehensive volumes, including CD-Rom and forms, top experts offer insights gained from many years of litigation and dispute resolution experience to give you critical tools needed to prepare successful settlements: Sophisticated analysis of the law and its application Detailed planning of effective drafting techniques In-depth coverage of "hot issues," such as multi-party settlements and tax considerations Strategies for handling "special topics," such as tax and environmental concerns A time-saving library of model agreements on disk for a variety of disputes and jurisdictions Extensive case citations And much more Whether you are looking for the best way to handle a particularly troubling issue, or simply want to be sure you have anticipated every legal eventuality, Settlement Agreements in Commercial Disputes will give you the insights, information and guidance needed to prepare settlement agreements that meet your client's or company's objectives.
