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So the U.S. Supreme Court Resolved a Circuit Split Concerning Trademark Licenses, Now What?

In Mission Products Holdings, Inc. v. Tempnology, LLC, the U.S. Supreme Court resolved a question that vexed the lower courts and resulted in a circuit split: does the rejection by a debtor-licensor of a trademark license agreement terminate the licensee’s rights under the rejected license?

USA, Insolvency & Restructuring, Litigation, Trademarks, Dechert LLP, Debtor, Supreme Court of the United States
Third circuit reaffirms viability of deepening insolvency claim

In Official Committee of Unsecured Creditors v. Baldwin (In re Lemington Home for the Aged), 659 F.3d 282 (3d Cir. 2011), the Third Circuit Court of Appeals held, among other things, that the “deepening insolvency” cause of action, which the Third Circuit previously recognized in Official Committee of Unsecured Creditors v. R.F. Lafferty & Co., 267 F.3d 340 (3d Cir. 2001), remains an independent cause of action under Pennsylvania law.

Background

USA, Pennsylvania, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Jones Day, Fiduciary, Federal Reporter, Negligence, Third Circuit
Section 503(b) not exclusive authority for payment of creditor fees and expenses in Chapter 11

Section 503(b) of the Bankruptcy Code delineates categories of claims that are entitled to elevated priority as “administrative expenses.” Under section 503(b)(3)(D), administrative expenses include “actual, necessary expenses” incurred by a creditor, indenture trustee, equity holder, or unofficial committee “in making a substantial contribution” in a chapter 11 case.

USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Costs in English law, Debtor, Debtor in possession, Comcast, Title 11 of the US Code, Trustee, United States bankruptcy court