Deal structure matters, particularly in bankruptcy. The Third Circuit recently ruled that a creditor’s right to future royalty payments in a non-executory contract could be discharged in the counterparty-debtor’s bankruptcy....more
6/27/2024
/ Acquisitions ,
Appeals ,
Asset Purchase Agreements ,
Bankruptcy Code ,
Bankruptcy Court ,
Commercial Bankruptcy ,
Contract Terms ,
Creditors ,
Data Breach ,
Debtors ,
Earn-Outs ,
Mergers ,
Royalties
Tolstoy warned that “if you look for perfection, you’ll never be content”, but Tolstoy wasn’t a bankruptcy lawyer. In the world of secured lending, perfection is paramount. A secured lender that has not properly perfected its...more
While secured creditors are entitled to special rights in bankruptcy, those rights may differ depending on whether creditors have a statutory or consensual lien on their collateral. This is primarily because section 552(a)...more