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Mission Products V. Tempnology: The Supreme Court Speaks
In February, following oral argument before the U.S. Supreme Court in Mission Product Holdings, Inc. v. Tempnology, LLC,[1] we wrote about the hugely important trademark law issue presented
United States
7 Jun 2019
2
Mission Products v. Tempnology: Is Bankruptcy The End For Trademark Licenses?
Oral argument before the Supreme Court was held on February 20 in the much-watched and even more intensely discussed trademark dispute Mission Product Holdings, Inc. v. Tempnology, LLC.
United States
7 Mar 2019
3
Third Circuit Upholds Foreclosure Sale Against Preference Attack
On July 19, the Third Circuit Court of Appeals entered a decision upholding the results of a foreclosure sale ...
United States
26 Jul 2018
4
Unique Challenges For Commercial Landlords Posed By Large-Scale Retailer Bankruptcies
(Excerpted from "Retail Bankruptcies – Protections for Landlords," Practical Law Journal, May 2018, by Lars Fuller)
United States
13 Jul 2018
5
Supreme Court Holds That A Statement About A Single Asset Can Be A Statement Respecting A Debtor's Financial Condition
The Supreme Court held that a statement about a single asset can be a "statement respecting the debtor's financial condition" for purposes of determining the application of the exception...
United States
3 Jul 2018
6
Supreme Court Holds That A Statement About A Single Asset Can Be A Statement Respecting A Debtor's Financial Condition
The Supreme Court held that a statement about a single asset can be a "statement respecting the debtor's financial condition" for purposes of determining the application of the exception...
United States
3 Jul 2018
7
Supreme Court Resolves Circuit Split Over Application Of Section 546(e) To Transactions Involving Conduits
The Supreme Court's recent decision in Merit Management Group, LP v. FTI Consulting, Inc., 138 S.Ct. 883 (2018), held that transfers made by or to entities that are not "financial institutions"...
United States
31 May 2018
8
Florida Passes Bill To Stop Bankruptcy Debtors From "Having Their Cake And Eating It Too"
On March 20, Florida Governor Rick Scott signed Senate Bill 220 into law.
United States
27 Mar 2018
9
Second Circuit: Secured Lender Not Entitled To A Make Whole Premium In "Cramdown" Restructuring, But May Be Entitled To Higher Interest Rate
On October 20, in Matter of M.P.M. Silicones, L.L.C. ("M.P.M. Silicones"), the United States Court of Appeals for the Second Circuit held that secured noteholders were not entitled to an approximately $200 million...
United States
7 Nov 2017
10
Commercial Tenant Debtors In Chapter 11: Fundamentals Of Landlord Creditor Protection In Bankruptcy
Commercial landlords have unique protections in bankruptcy, but can lose these rights if they do not assert them. When a commercial tenant files bankruptcy under Chapter 11, the landlord must...
United States
25 Jul 2017
11
Supreme Court Rejects FDCPA Claim Based On Filing Time-Barred Bankruptcy Claim
This week, the United States Supreme Court issued its decision in Midland Funding, LLC v. Johnson, 581 U.S. ___ (2017), holding that a debt collector does not violate the FDCPA...
United States
30 May 2017
12
Supreme Court Holds That Filing Of Time-Barred Bankruptcy Claim Does Not Violate FDCPA
On May 15, 2017, the United States Supreme Court issued its decision in Midland Funding, LLC v. Johnson, 581 U.S. ___ (2017)...
United States
22 May 2017
13
Financial Services 2016 Year-End Report
Welcome to the 2016 Year-End Report from BakerHostetler's Financial Services Industry Team
United States
10 Mar 2017
14
Second Circuit Holds That Minority Bondholders Cannot Avail Themselves Of The Trust Indenture Act
While out-of-court restructurings can help companies in need, they can negatively impact minority bondholders.
United States
3 Mar 2017
15
Ninth Circuit Holds That Rule Allowing Curing Debtors To Avoid Contractual Post-Default Interest Is No Longer Valid
The Ninth Circuit recently ruled that a Chapter 11 debtor could not avoid the payment of default interest under a promissory note as a condition to curing and reinstating such promissory note...
United States
27 Feb 2017
16
First Circuit Bankruptcy Appellate Panel Recognizes Rights Of Trademark Licensees In Bankruptcy
The First Circuit Bankruptcy Appellate Panel recently issued a decision recognizing the rights of trademark licensees when the trademark's owner files for bankruptcy.
United States
30 Jan 2017
17
Midstream Gathering Agreements Targeted By Recent Oil & Gas Bankruptcies
Continuing low oil and natural gas commodity prices have led to bargain prices at the pump, but also high tension in many boardrooms.
United States
19 May 2016
18
Will Congress Finally Act? The ABI Commission On Business Bankruptcy Reform: Exiting The Case – Changes To The Plan Confirmation Process
This is the sixth in a series of alerts regarding the proposals made by the American Bankruptcy Institute Commission to Reform Chapter 11 Business Bankruptcies (the "Commission").
United States
30 Mar 2016
19
Bitcoin Is "Property," Rules California Judge In Pivotal Bitcoin Case
Last week, we blogged about the latest development in Bitcoin news: how a California bankruptcy court will define Bitcoin.
United States
2 Mar 2016
20
Ninth Circuit Permits Lien-Voidance For Chapter 20 Debtors
Going forward, secured creditors should consider the implications of filing a proof of claim in Chapter 13 cases.
United States
24 Nov 2015
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