The Iowa Commissioner of Insurance (the “Commissioner”) filed a petition, on January 29, 2015, seeking to liquidate CoOpportunity Health, Inc. (“CoOpportunity”), a Consumer Operated and Oriented Plan (“CO-OP”) established under the Affordable Care Act (“ACA”) that has sold health insurance on the Iowa and Nebraska Exchanges.

On July 9, 2012, the United States Court of Appeals for the Seventh Circuit issued a decision in Sunbeam Products, Inc. v. Chicago American Mfg., LLC (No. 11-3920), a case that addresses the effect of a bankruptcy trustee's rejection of trademark licenses. For years, the Bankruptcy Code's definition of "intellectual property" has excluded trademarks. But the Code provides very specific guidelines on the treatment of other intellectual property licenses in section 365(n), which was added by Congress in 1988 following the Fourth Circuit's decision in Lubrizol Enterprises, Inc.