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1
Are Bankruptcy Blocking Provisions in Corporate Governance Documents Enforceable?
It has long been the law that creditors are rarely entitled to contractually prohibit a debtor from filing for bankruptcy, whether such restriction is contained in the debt instruments
United States
6 Nov 2019
2
The Fifth Circuit Adopts An Expansive Reading Of Section 510(b); Subordinates Claim With ‘Equity Characteristics'
In French v. Linn Energy, L.L.C. (In re Linn Energy, L.L.C.), the United States Court of Appeals for the Fifth Circuit addressed the scope of Bankruptcy Code Section 510(b),
United States
10 Oct 2019
3
Changes To Preference Practices Under New Bankruptcy Law
On August 23, 2019, President Trump signed into law the "Small Business Reorganization Act of 2019."
United States
5 Sep 2019
4
Decade Old Transactions Potentially Subject To Bankruptcy Clawback In Massachusetts
Transfers and transactions up to ten years old may be scrutinized, unwound and recovered by a trustee, the bankruptcy court sitting in Massachusetts recently
United States
19 Aug 2019
5
Insys Bankruptcy Filing Immediately After Global Settlement Triggers Powerful Remedies
Over the last two years, much of the healthcare world has been watching the government's prosecution of Insys Therapeutics for its sales and marketing practices related to its Subsys spray.
United States
9 Jul 2019
6
Supreme Court Adopts A "Rejection-As-Breach" Rule To Allow Licensee To Continue To Use Trademark Following Debtor's Rejection Of License
On May 20, 2019, the United States Supreme Court ruled that a debtor-licensor's ‘rejection' of a trademark license agreement under section 365 of the Bankruptcy Code does not terminate the licensee's rights...
United States
10 Jun 2019
7
Health Care Fraud Investigations And Litigation Offer Unexpected Lessons For Bankruptcy Counsel
As many of our readers know, we have been closely following the Polukoff False Claims Act (FCA) qui tam case in the Tenth Circuit for the lessons it might offer in defending FCA cases premised on
United States
14 May 2019
8
First Circuit Rules That "Incorporation By Reference" Of Collateral Description In UCC Financing Statements May Not Perfect Lien
Tolstoy warned that "if you look for perfection, you'll never be content", but Tolstoy wasn't a bankruptcy lawyer.
United States
20 Feb 2019
9
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
United States
31 Jan 2019
10
The Delaware Bankruptcy Court Grapples With Section 546(E) Post-Merit Management
In its ruling in FTI Consulting, Inc. v. Sweeney (In re Centaur, LLC), the United States Bankruptcy Court for the District of Delaware addressed the Supreme Court's
United States
24 Jan 2019
11
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
12
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
13
Ninth Circuit: No Ulterior Motive, No Bad Faith When Buying Claims To Block Confirmation
A recent Ninth Circuit Court of Appeals decision provides insight into "bad faith" claims-buying activity; specifically whether a creditor's purchase of claims for the express purpose of blocking plan...
United States
26 Jul 2018
14
Non-Debtor Substantive Consolidation: Do Recent Cases Signal A Judicial Preference For State Law Claims?
It is not unusual for a creditor of a debtor to cry foul that a non-debtor affiliate has substantial assets, but has not joined the bankruptcy.
United States
18 Jul 2018
15
Supreme Court Bankruptcy Thoughts: Scope Of Safe Harbor And Appellate Review
The Supreme Court recently addressed two bankruptcy issues.
United States
4 May 2018
16
Checking-In: Chapter 9, Chapter 11 Or Ineligible?
Last week, President Trump unveiled his proposal to fix our nation's aging infrastructure. While the proposal lauded $1.5 trillion in new spending, it only included $200 billion ...
United States
27 Feb 2018
17
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
18
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
19
A Momentive Decision: Second Circuit Splits With Third Circuit On Make Whole Premiums; Adopts Sixth Circuit's Two-Step Approach In Selecting An Interest Rate In Chapter 11 Cramdowns
Last week the Second Circuit issued its long-awaited opinion on the appeals of plan confirmation taken by the first lien, 1.5 lien and subordinated noteholders in In re MPM Silicones, LLC ("Momentive").
United States
27 Oct 2017
20
Bankruptcy Restrictions In Operating Agreement Held Unenforceable
In In Re Lexington Hospitality Group, LLC, the United States Bankruptcy Court for the Eastern District of Kentucky thwarted a lender's efforts to control whether its borrower could file bankruptcy.
United States
9 Oct 2017
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