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1
The First Circuit Casts A Shadow On Sunbeam
Bankruptcy Code section 365(n) permits a licensee to continue to use intellectual property even if the debtor rejects the license agreement.
United States
13 Feb 2018
2
Applying Jevic: How Courts Are Interpreting And Applying The Supreme Court's Ruling On Structured Dismissals And Priority Skipping
Back in September, the Bankruptcy Protector announced that was introducing a new periodic series: the Jevic Files.
United States
13 Feb 2018
3
"Golden Share" Equity Holder Can Bar Bankruptcy Filing
The Bankruptcy Court in the Southern District of Mississippi (the "Court"), in In re Franchise Services of North America, Inc., Case No. 1702316EE (Bankr. S.D. Miss. Dec. 18, 2017), upheld the blocking power held by a "substantial equity holder", prohibiting a company from filing bankruptcy, as "valid enforceable and . . . not contrary to public policy under federal law."
United States
12 Feb 2018
4
In Massachusetts, Directors And Investors Acting In Their Normal Capacities Do Not Have Personal Liability For Wage Act Violations
In 1997, H. Fisk Johnson, III agreed with Andrew Segal to form a biotechnology company, Genitrix, LLC.
United States
9 Feb 2018
5
The PPI Tap Is Soon To Be Turned Off Ending The Era Of ‘Consumer Quantitative Easing'.
With the Financial Conduct Authority (FCA) now setting a deadline of August 29, 2019, for payment protection insurance (PPI) ...
United States
8 Feb 2018
6
Financial Forecast Critiques Run Into Trouble In Recent Bankruptcy Case Weisfelner v. Blavatnik
Financial projections are a routine and critical part of business management, whether they are produced for budgeting purposes, sales and marketing estimates, or cash flow planning.
United States
7 Feb 2018
7
The Year In Bankruptcy: 2017
The initial year of the Trump administration colored much of the political, business, and financial headlines of 2017, both in the U.S. and abroad.
United States
5 Feb 2018
8
Vive Le Restructuring: French Restructuring Plan Gets Overseas Approval And Enforcement In The U.S.
On December 21, the Bankruptcy Court for the Southern District of New York recognized and agreed to enforce the unopposed foreign restructuring plan of oil exploration company C.G.G. S.A. under Chapter 15 of the Bankruptcy Code.
United States
2 Feb 2018
9
Fraudulent Transfer Avoidance Recovery Not Limited to Total Amount of Creditor Claims
Courts disagree as to whether the amount that a bankruptcy trustee or chapter 11 debtor-in-possession ("DIP" )...
United States
2 Feb 2018
10
Lease Profit-Sharing Provision Unenforceable Condition To Assignment In Bankruptcy
In Antone Corp. v. Haggen Holdings, LLC (In re Haggen Holdings, LLC), 2017 WL 3730527 (D. Del. Aug. 30, 2017), the U.S. District Court for the District of Delaware considered whether..
United States
2 Feb 2018
11
Supreme Court To Tackle Fraud Exception In Lamar, Archer & Cofrin, LLP v. Appling
The Supreme Court's decision could have ramifications on the discharge of debts in bankruptcy.
United States
1 Feb 2018
12
Recent Bankruptcy Decision Raises Questions For Trademark Licensees
If you are a licensee under a trademark license, what happens to your license if the licensor winds up in the Bankruptcy Court?
United States
31 Jan 2018
13
Safe Harbor For Forward Contract Merchants Creates Stormy Waters For Energy And Farmer Debtors
A trustee or debtor in possession may override certain rights of the counterparties to those agreements
United States
30 Jan 2018
14
Endangered Species: Seventh Circuit Finds That Forex And Spot Metal Contracts Are Not Entitled To Customer Protection In FCM Liquidations
In its recent decision in In re Peregrine Financial Group, the Seventh Circuit became the first circuit to accept a definition of "customer property" which excludes retail foreign exchange contracts ...
United States
30 Jan 2018
15
First Circuit Rejects Seventh Circuit's Approach To Rejection Of Trademark Licenses: Licensees Retain No Post-Rejection Trademark Rights
In one of the first decisions issued this year by the United States Court of Appeals for the First Circuit, the court addressed an issue of first impression.
United States
26 Jan 2018
16
Three Key Changes For Bankruptcy Procedures In 2018
The New Year brings with it new changes to the bankruptcy code.
United States
24 Jan 2018
17
The First Circuit Joins Several Other Circuit Courts In Finding That Creditors' Committees Have An Unconditional Right To Intervene In Adversary Proceedings
On September 22, 2017, the First Circuit Court of Appeals held that § 1109(b) of the Bankruptcy Code (the "Code") provides a creditors' committee with an "unconditional right to intervene" in an adversary proceeding.
United States
23 Jan 2018
18
Goodbye Delaware And New York? Senate Bill Introduced That Could Significantly Impact Venue Of Bankruptcy Cases
On January 8, 2018, Senators John Cornyn (R., Texas) and Elizabeth Warren (D., Massachusetts) introduced a bill that, if passed, would require companies ...
United States
19 Jan 2018
19
U.S. Trustee Issues Warning To All Participants In The Cannabis Industry: Bankruptcy Relief May Not Be Available, So Don't Let Your Profits Go Up In Smoke
In a recent article, senior officials with the Department of Justice's Office of the United States Trustee (the "UST"), the federal government's watchdog of the bankruptcy system ...
United States
18 Jan 2018
20
Nevada District Court Holds That A Creditor Must Have A Fully Undisputed Claim To Petition For An Involuntary Bankruptcy
Involuntary bankruptcy cases can be a powerful tool for creditors, and this decision raises the bar for use.
United States
8 Jan 2018
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