Searching Content indexed under Insolvency/Bankruptcy/Re-structuring by Leslie Berkoff ordered by Published Date Descending.
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Mediating Valuation Disputes
The bankruptcy courts have been continuously at the forefront of the many courts embracing mediation as a tool to resolve disputes.
United States
16 Jul 2019
Chapter 15: Court Permits Foreign Debtors To Access And Transfer Funds In A US Account
On 29 January 2019, Judge Martin Glenn, of the Southern District of New York (SDNY) Bankruptcy Court, in the case of ENNIA Caribe Holding,
United States
17 May 2019
Is Arbitration In Bankruptcy Cases A Viable ADR Option?
Bankruptcy practitioners are generally familiar with the significant growth that has been happening in the use of mediation as a means of resolving disputes within bankruptcy cases.
United States
16 Jan 2019
Recent Decisions Pertaining To Chapter 15
Recently, the judges of the Bankruptcy Court of the Southern District of New York issued three decisions addressing Chapter 15 the United States' adoption of the Model Law on Cross Border Insolvency (Model Law).
United States
11 Oct 2018
Drawing The Borders On Chapter 15 Bankruptcy
April 2018 was a very busy month for the interpretation and application of Chapter 15 in the U.S. Bankruptcy Court ...
United States
27 Sep 2018
Cybersecurity And Potential Healthcare Bankruptcy: The Continuing Intersection Of Data And Disaster
This article will identify the various means by which third parties can easily access data, what data theft can lead to, and how several organizations, including healthcare companies...
United States
7 Jun 2018
Limitations On Adjudicating Disputes Involving Medicare Provider Agreements
The power of bankruptcy courts to adjudicate Medicare provider agreements has been addressed by several circuit courts in recent years. Given the distressed nature of the health care industry...
United States
22 Jun 2017
Medicare's Jurisdictional Bar And The Bankruptcy Code
One of the many issues that hospitals and other health care providers face when they become insolvent is addressing their Medicare provider agreements and the prohibitions contained within the Medicare Act.
United States
23 May 2017
Will Section 363 Become A New Chapter Of The Bankruptcy Code?
During the volatile economic climate of recent years, expedited 363 sales have been favored over more traditional reorganizations under Chapter 11.
United States
14 Dec 2015
Mediating With The New Kid In Town
Mediation in the bankruptcy forum is a unique process different than other types of mediation.
United States
30 Dec 2014
Strategies For Acquiring Assets In U.S. Bankruptcy Cases-Changes In The Law
A key strategy in acquiring assets from a bankruptcy estate is by utilising existing debt and liens to credit bid for the assets that may be in play.
United States
15 Oct 2014
Mediating With A Litigation Committee Or Trust
While mediation is used in many forums, mediation in the bankruptcy context at times offers some very unique and key distinctions.
United States
16 Apr 2014
Debtors' Delusions Of Bankruptcy
Bankruptcy is intended to provide debtors with the opportunity of a fresh start by modifying their debt obligations.
United States
24 Mar 2014
Creditors Deserve Better Bankruptcy Reform
While the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 was rightfully heralded as an attempt to address many common abuses by debtors, the financial services industry still finds itself at a disadvantage to serial filers holding up the recovery process.
United States
14 Feb 2014
Bankruptcy Perils For Lessors & Under-Secured Creditors-Proof Of Claim Challenges
As a general rule, secured creditors do not have to file a proof of claim in a Chapter 7 case under the Federal Rules of Bankruptcy Procedure ("Fed. R. Bankr. P.").
United States
12 Sep 2012
Technology And The Troubled Company
One of the great ironies of the bankruptcy process is that a company will often decide to file for bankruptcy protection primarily due to a funding shortfall, yet, to secure good representation and properly manage the bankruptcy process, that same company needs cash flow to survive.
United States
20 Jul 2011
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