Introduction

Introduction

Presumed Reasonable Absent Certain Circumstances 

Introduction

I just had an interesting discussion with a partner on the subject of the sale of exempt property in bankruptcy.  We concluded that even though tenant by the entireties real estate might be exempt from creditor claims in some states, nonetheless in bankruptcy it is still property of the estate under Bankruptcy Code section 541 and subject to the bankruptcy trustee’s general powers of sale under Code section 363(b).  The analysis goes like this:  section 541 creates a bankruptcy estate that includes all interests of the debtor in property without mention of exemptions, and sec

Introduction

What is the impact of a bankruptcy filing on the ability of a franchisee to continue utilizing the trademarks of the franchisor?  

Introduction

The recent case of Re J T Frith Ltd [2012] EWHC 196 (Ch) shows:

• how secured lenders may surrender their security in order to participate in the prescribed part available for unsecured creditors on insolvency; and
• how intercreditor deeds may be worded to allow senior secured creditors to participate in the prescribed part, despite retaining their security.

Background

The intricacies of pursuing environmental claims against financially distressed parties

In a prolonged financial downturn, it is an even more difficult burden for many companies to shoulder their own environmental remediation requirements.Pollock’s article examines the steps to consider if a co-liable potentially responsible party (PRP) is either showing signs of economic distress or has already filed in bankruptcy.