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    Rejecting Trademark Licenses in Bankruptcy: In re Tempnology
    2017-01-10

    The decision provides some additional, though limited protection for licensees of trademarks in bankruptcy proceedings

    Introduction

    In In re Tempnology LLC,1 the Bankruptcy Appellate Panel (the BAP) for the First Circuit provided additional clarity regarding the rights of intellectual property licensees under section 365(n) of the United States Bankruptcy Code,2 particularly with respect to trademark licenses. In Tempnology, the First Circuit BAP concluded that:

    Section 365(n) extends only to licenses of "intellectual property" as defined in the Bankruptcy Code,3

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, Latham & Watkins LLP, Bankruptcy Appellate Panel, First Circuit
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    New York bankruptcy court adopts expansive view of section 363 free and clear assets sales
    2013-04-08

    Introduction

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Dechert LLP, Interest, In rem jurisdiction, United States bankruptcy court, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    Dechert LLP
    LLC agreement prohibiting bankruptcy filing held enforceable
    2010-12-14

    Courts generally agree that pre-petition agreements to forgo the protec-tions of bankruptcy are invalid as against public policy. A recent Tenth Cir-cuit Bankruptcy Appellate Panel decision calls this accepted premise into question by holding that provisions contained in a limited liability company agreement that expressly barred the company, and restricted the manager, from filing a bankruptcy petition were enforceable. DB Capital Holdings, LLC v. Aspen HH Ventures, LLC (In re DB Capital Holdings, LLC), No. 10-046, 2010 Bankr. LEXIS 4176 (B.A.P. 10th Cir., Dec.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Dechert LLP, Bankruptcy, Conflict of laws, Debtor, Limited liability company, Coercion, United States bankruptcy court, Bankruptcy Appellate Panel, Tenth Circuit
    Location:
    USA
    Firm:
    Dechert LLP
    9th Cir. Bankruptcy Panel Affirms Dismissal of ‘Wrongful Securitization’ Allegations
    2017-07-05

    The Bankruptcy Appellate Panel of the U.S. Court of Appeals for the Ninth Circuit recently affirmed the dismissal of an adversary proceeding without leave to amend, holding that:

    (a) the debtors failed to state a claim for wrongful foreclosure under California law;

    (b) the debtors failed to state a claim for breach of contract or breach of the implied covenant of good faith and fair dealing because they were not third-party beneficiaries of the pooling and servicing agreement;

    Filed under:
    USA, California, Banking, Insolvency & Restructuring, Litigation, Real Estate, Securitization & Structured Finance, Maurice Wutscher LLP, Bankruptcy, Foreclosure, Good faith, Mortgage-backed security, Ninth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
    Authors:
    Hector E. Lora
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    9th Cir. Applies Anti-Deficiency Protections to Debtors’ Bankruptcy Estate Where Property of Estate is Sold in Non-Judicial Foreclosure
    2017-05-12

    The U.S. Court of Appeals for the Ninth Circuit recently affirmed the Bankruptcy Appellate Panel’s determination that a creditor’s pre-bankruptcy, non-recourse lien on two debtors’ real property is extinguished following a non-judicial foreclosure sale.

    A copy of the opinion in In re: Salamon is available at: Link to Opinion.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Maurice Wutscher LLP, Bankruptcy, Foreclosure, Ninth Circuit, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    9th Cir. Holds Debtor’s Acknowledgement of Debt Does Not Excuse Untimely Proof of Claim
    2016-11-14

    The U.S. Court of Appeals for the Ninth Circuit recently held that if a creditor wishes to participate in the distribution of a debtor’s assets under Chapter 13, it must timely file a proof of claim, and the debtor’s acknowledgment of the debt owed to the creditor does not relieve the creditor of this affirmative duty.

    A copy of the opinion is available at: Link to Opinion.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Debtor, Debt, Ninth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    6th Cir. BAP Holds In Rem Foreclosure Not Disguised In Personam Collection Effort
    2016-08-15

    The Bankruptcy Appellate Panel of the Sixth Circuit recently held that a condominium unit owners association did not violate a debtor’s Chapter 7 discharge order by scheduling a sheriff’s sale to complete a prepetition foreclosure.

    Rejecting the bankruptcy court’s conclusion that the in rem foreclosure sale was scheduled to induce payment of discharged pre-petition condominium fees, the Sixth Circuit BAP noted that “all foreclosure litigation potentially can induce payments of discharged debt to avoid a foreclosure sale.”

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Maurice Wutscher LLP, Debtor, Debt, Mortgage loan, Foreclosure, Condominium, In rem jurisdiction, Bankruptcy discharge, Title 11 of the US Code, United States bankruptcy court, Sixth Circuit, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    8th Cir. BAP Holds Lien Against Only One Tenant by Entirety Avoidable in Bankruptcy
    2016-03-08

    The U.S. Bankruptcy Appellate Panel for the Eighth Circuit recently affirmed an order of the bankruptcy court granting a debtor’s motion to avoid a judgment creditor’s lien on the debtor’s residence held in tenancy by the entirety with his non-debtor spouse, holding because the lien “fixed” under the Bankruptcy Code and thus impaired the debtor’s claimed exemption, it was avoidable.

    A copy of the opinion is available at:  Link to Opinion.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Maurice Wutscher LLP, Debtor, Title 11 of the US Code, Eighth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
    Authors:
    Coleman Braun
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Eighth Circuit BAP rejects Crawford
    2015-07-30

    The United States Bankruptcy Appellate Panel for the Eighth Circuit recently held that filing a proof of claim on a time-barred debt is not, alone, a prohibited debt collection practice under the federal Fair Debt Collection Practices Act.

    A copy of the opinion is available at: Link to Opinion.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Debtor, Debt, Debt collection, Eighth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
    Authors:
    Hector E. Lora
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    6th Cir. Rules Ohio Amendment on Defective Mortgage Executions Did Not Bar Bankruptcy Trustee’s Avoidance Action
    2019-03-20

    The U.S. Court of Appeals for the Sixth Circuit held that a recent change to Ohio law involving notice of a defective lien had no bearing on a bankruptcy trustee’s ability to avoid the defective lien because such notice is irrelevant to a trustee’s status as a judicial lien creditor.

    Accordingly, the Sixth Circuit affirmed the Bankruptcy Appellate Panel’s upholding of the bankruptcy court’s denial of the mortgagee’s motion for judgment on the pleadings.

    Filed under:
    USA, Ohio, Banking, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Sixth Circuit, Bankruptcy Appellate Panel, U.S. Court of Appeals
    Location:
    USA
    Firm:
    Maurice Wutscher LLP

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