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1
Intercreditor Agreements After Momentive: When A Hindrance Is Not A "Hindrance"
Intercreditor agreements—contracts that lay out the respective rights, obligations and priorities of different classes of creditors...
United States
18 Dec 2018
2
Winding Up A Company In Record Time Despite Claim Of A Dispute Subject To Arbitration
In the recent High Court judgment in VTB Bank (Public Joint Stock Company) v Anan Group (Singapore) Pte Ltd [2018] SGHC 250, Dentons Rodyk, acting for the plaintiff,
United States
18 Dec 2018
3
This Week's Florida Appeals: Week Of December 3 - 7, 2018
Calixto v. Lesmes - Hague Convention on Child Abduction
United States
13 Dec 2018
4
Supreme Court To Decide Whether Debtors Can Terminate A Licensee's Rights To Trademarks Under License Agreements
The United States Supreme Court has agreed to address "[w]hether, under §365 of the Bankruptcy Code, a debtor-licensor's ‘rejection' of a license agreement—which ‘constitutes a breach of such contract,' 11 U.S.C. §365(g)—terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."
United States
13 Dec 2018
5
Recent Sixth Circuit Decision Clarifies Appealability Of Bankruptcy Court Orders
The United States Court of Appeals for the Sixth Circuit recently examined and then clarified and set forth the test for evaluating the appealability of bankruptcy orders in an opinion released in the case Ritzen Group v. Jackson Masonry.
United States
13 Dec 2018
6
Bill Could Make Ch. 11 A Viable Option For Small Businesses
In a much needed and welcomed bipartisan effort, Sen. Chuck Grassley (R-Iowa) and Sen. Sheldon Whitehouse (D-R.I.) introduced a bill last week that, if approved, would make bankruptcy...
United States
12 Dec 2018
7
The Fifth Circuit Reminds Buyers To Beware Of Buying "Deemed Rejected" Contracts
The recent decision by the Fifth Circuit Court of Appeals in In re Provider Meds, L.L.C. is a stark reminder to chapter 7 trustees that they have an affirmative obligation ...
United States
11 Dec 2018
8
Why Does My Company Need An Independent Director?
Many companies will create a special-purpose vehicle (SPV) for a financing transaction when they want to isolate assets from their own credit risk.
United States
11 Dec 2018
9
Congress Amends The U.S. Shipping Act, Broadening FMC Regulatory Authority
President Donald Trump, with bipartisan support, signed into law the Federal Maritime Commission Authorization Act of 2017 (the Act) on Dec. 4, 2018, as part of the Frank LoBiondo Coast Guard Authorization Act of 2018 (S. 140).
United States
10 Dec 2018
10
Supreme Court To Decide Whether Debtors Can Terminate A Licensee's Rights To Trademarks Under License Agreements
The United States Supreme Court has agreed to address "[w]hether, under §365 of the Bankruptcy Code, a debtor-licensor's ‘rejection' of a license agreement—which ‘constitutes a breach of such contract,'
United States
10 Dec 2018
11
Did Jevic Doom Future Chapter 11 Recovery Efforts By Unsecured Creditors?
Can a senior secured creditor, who credit bid for substantially all of a debtor's assets, contribute non-estate property to a litigation trust for the benefit of general unsecured creditors...
United States
6 Dec 2018
12
"Mailbox Rule" Deleted For Electronic Service In Federal Courts
When calculating deadlines in federal court, most attorneys are familiar with the "mailbox rule" (Federal Rule of Civil Procedure 6(d)).
United States
5 Dec 2018
13
A License To Kill A License? SCOTUS To Resolve Trademark Bankruptcy Split
Trademark licensing is a driving force in business relationships. One common example is where one business owns a trademark, which it licenses out to other companies who manufacture and sell the products bearing the mark.
United States
5 Dec 2018
14
Are Trademark Licensees Protected In A Licensor Bankruptcy?
Certain licensees of intellectual property are expressly given expanded rights when their licensors file bankruptcy.
United States
5 Dec 2018
15
Burden Is On Trustee To Show Insolvency At Time Of Transfer
The US Court of Appeals for the 11th Circuit affirmed the district court's dismissal of a fraudulent conveyance claim for a "blocking right"and right of first refusal under a patent transfer agreement
United States
4 Dec 2018
16
Financing Techniques To Enhance Creditors' Protections In Retail Bankruptcy Cases
It cannot really be debated that the Four Horsemen of the "retail apocalypse" have arrived and are comfortably hanging around the nation's shopping districts. Dozens of retailers filed for bankruptcy
United States
4 Dec 2018
17
Bankruptcy Court Rejects Involuntary Chapter 11 For CDO
A bankruptcy case is usually commenced by the debtor, but the Bankruptcy Code permits creditors to seek to place a debtor into bankruptcy involuntarily, where certain statutory conditions are met.
United States
3 Dec 2018
18
Business As Mutual: Floating Charges No Obstacle To Mutual Set-Off Agreements
Section 553C of the Corporations Act 2001 (WA) ("Act") provides that if a creditor and a company in liquidation have mutual dealings, the creditor must offset any sum the creditor owes to the company in liquidation...
United States
30 Nov 2018
19
Amendments To The Federal Rules Of Bankruptcy Procedure Take Effect December 1, 2018
Almost every year amendments are made to the rules that govern how bankruptcy cases are managed — the Federal Rules of Bankruptcy Procedure.
United States
30 Nov 2018
20
FDIC To Remove And Modify Regulations On Fiduciary And Trust Powers
The FDIC adopted a final rule that will rescind regulations concerning the fiduciary powers of state savings associations and amend regulations regarding consent requirements for the exercise...
United States
30 Nov 2018
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