Minority senior secured lenders in syndicated deals rely on, among other provisions, the "sacred right" protections contained in the credit documents to protect the benefit of their bargained-for agreement: primarily, that...more
3/11/2025
/ Bankruptcy Court ,
Chapter 11 ,
Contract Terms ,
Creditors ,
Debt Collection ,
Debtors ,
Distressed Debt ,
Lenders ,
Liability ,
Loan Agreements ,
Restructuring ,
Syndicated Loans
A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit has unanimously held that the debt exchange undertaken by Serta Simmons Bedding did not qualify as an "open market purchase" under the terms of Serta's...more
Section 106(a) of the U.S. Bankruptcy Code expressly abrogates the sovereign immunity of "governmental units" for purposes of certain bankruptcy-related litigation. A split of authority concerning whether that abrogation...more
Those who lease commercial property may find themselves unwilling participants in complex proceedings before the U.S. bankruptcy courts when a tenant files bankruptcy. Meanwhile, the lease becomes an asset among the "property...more
• In Mission Product Holdings Inc. v. Tempnology LLC, the U.S. Supreme Court holds that rejection through U.S. Bankruptcy Code Section 365 does not terminate a trademark licensee's right to use a licensed trademark. The...more
5/28/2019
/ Bankruptcy Appellate Panel (BAP) ,
Bankruptcy Code ,
Breach of Contract ,
Commercial Bankruptcy ,
Debtors ,
Exclusions ,
Executory Contracts ,
IP License ,
Mission Product Holdings Inc v Tempnology LLC ,
Rescission ,
Reversal ,
SCOTUS ,
Section 365 ,
Split of Authority ,
Trademark Licenses ,
Trademarks ,
Trustees
• Considered without reference to a corresponding definition, Section 365(n) of the Bankruptcy Code seems clear. If the trustee or debtor-in-possession, as licensor, rejects an executory intellectual property license, the...more
5/11/2018
/ Bankruptcy Appellate Panel (BAP) ,
Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Commercial Bankruptcy ,
Debtors-in-Possession ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Licensees ,
Plain Meaning ,
Section 365 ,
Split of Authority ,
Trademark Licenses ,
Trademark Litigation ,
Trademarks ,
Trustees
Judge Christopher S. Sontchi of the U.S. Bankruptcy Court for the District of Delaware (Court) issued a decision on Feb. 28, 2017, that has important – and positive – significance for Native American tribal governments, their...more
3/22/2017
/ Avoidance ,
Casinos ,
Chapter 11 ,
Commercial Bankruptcy ,
Debtors ,
Motion to Dismiss ,
Native American Issues ,
Preferential Transfers ,
Sovereign Immunity ,
Tribal Corporations ,
Tribal Governments ,
Trustees
It is the start of a new semester, and all across the country, parents are writing tuition checks to the colleges and universities that their children attend. Colleges accept the checks on behalf of the students, the tuitions...more
A trend emerging in consumer bankruptcy cases around the U.S. is causing concern for many parents, students and undergraduate schools. As was reported by The Wall Street Journal in an article published on May 5, 2015, an...more
7/21/2015
/ 401k ,
Bankruptcy Code ,
Chapter 7 ,
Clawbacks ,
Consumer Bankruptcy ,
Consumer Price Index ,
Educational Institutions ,
Internal Revenue Code (IRC) ,
PACT Act ,
Proposed Legislation ,
Trustees ,
Tuition ,
Universities