Login USERNAME  PASSWORD  REMEMBER ME
The Bankruptcy Strategist

Volume 25 - Number 12 | October 2008

October Issue in PDF Format


On the Move
Who's going where; who's doing what.

The Financial State of the Automotive Industry
By Ben Gonzalez
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.

How to Avoid Insider Preference Liability
By Michael L. Cook
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.

A Liquidating Trustee’s Principal Tools for Resolving Tax Issues in Bankruptcies
By Patrick M. Cox and Robert J. Stark
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.