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    Intellectual property and bankruptcy: strategies for intellectual property licensees who depend upon the use of complementary trademarks when a licensor files for bankruptcy
    2011-12-01

    The bankruptcy of a licensor can dramatically impact the rights of an intellectual property licensee.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, Sills Cummis & Gross P.C., Bankruptcy
    Location:
    USA
    Firm:
    Sills Cummis & Gross P.C.
    Bankruptcy Rule 2019 effective date
    2011-12-05

    On December 1, Bankruptcy Rule 2019 became effective.  This rule relates to the disclosure requirements in Chapter 9 and Chapter 11 cases for holders of distressed loans and eliminates the requirement for the disclosure of the price paid for a claim in bankruptcy and the date the claim was acquired (except in very limited circumstances) in Rule 2019 verified statements.  Rule 2019.

    Filed under:
    USA, Insolvency & Restructuring, Orrick, Herrington & Sutcliffe LLP, Bankruptcy
    Location:
    USA
    Firm:
    Orrick, Herrington & Sutcliffe LLP
    Notice of employer bankruptcy under Minnesota law
    2011-11-28

    Minnesota law requires that an employer must immediately notify all of its employees in writing if the employer files a petition for bankruptcy or if an involuntary bankruptcy petition is filed against the employer.  SeeMinn. Stat.

    Filed under:
    USA, Minnesota, Employment & Labor, Insolvency & Restructuring, Briggs and Morgan, Bankruptcy
    Authors:
    Michael C. Wilhelm
    Location:
    USA
    Firm:
    Briggs and Morgan
    The Sixth Circuit bankruptcy appellate panel
    2011-11-29

    The Sixth Circuit is one of only five federal appellate courts to institute a bankruptcy appellate panel under 28 U.S.C. § 158(b).  (The others are the First, Eighth, Ninth, and Tenth circuits.) As the bankruptcy appellate panel is unfamiliar to many non-bankruptcy attorneys, this post will review the Sixth Circuit’s bankruptcy appellate panel. 

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Third Circuit, Sixth Circuit
    Authors:
    Colter Paulson
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Patent protection of Section 365(n) of the U.S. Bankruptcy Court extended to U.S. licensees of foreign debtors
    2011-11-30

    In a case of first impression that has important implications for parties who acquire intellectual property rights under international license agreements, the U.S. Bankruptcy Court for the Eastern District of Virginia held that the protections of Section 365(n) of the U.S. Bankruptcy Code applied to licensees of U.S. patents in a Chapter 15 case, despite the fact that those protection were not available under the foreign law applicable to the foreign debtor.  In re Qimonda AG, Case No. 09-14766 (Bankr. E.D. Va., Oct. 28, 2011) (Mitchell, Bankruptcy J.).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patents, McDermott Will & Emery, Bankruptcy, Debtor, United States bankruptcy court
    Authors:
    Toby H. Kusmer, PC
    Location:
    USA
    Firm:
    McDermott Will & Emery
    American Airlines files for bankruptcy
    2011-11-30

    Earlier today AMR Corporation, its subsidiary American Airlines, Inc., and 18 other affiliates ("Debtors") filed petitions under Chapter 11 of the Bankruptcy Code in the United States Bankruptcy Court for the Southern District of New York in Manhattan.1 The case was assigned to Bankruptcy Judge Sean H. Lane. The Debtors have asked the Court to consolidate all 20 cases for procedural purposes under the captionIn re: AMR Corporation, Case No. 11-15463.

    Filed under:
    USA, New York, Aviation, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP, Bankruptcy, American Airlines, Title 11 of the US Code, United States bankruptcy court
    Authors:
    David W. Dykhouse , Daniel A. Lowenthal
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Decision in Visteon walks through analysis of improper venue and venue transfer decisions
    2011-11-14

    Summary

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Witness, Delaware Supreme Court, United States bankruptcy court
    Authors:
    L. John Bird
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    MF Global proceedings test multiple insolvency statutes
    2011-11-15

    On October 31, the MF Global enterprise collapsed into bankruptcy and a number of related insolvency proceedings. Amid allegations of improper commingling of customer accounts and rumors of misbegotten proprietary Eurobond trades, two unregulated entities – MF Global Finance USA Inc. and MF Global Holdings Ltd. (the Unregulated Debtors) – filed voluntary bankruptcy petitions on October 31, 2011. Later the same day, the Securities Investor Protection Corporation filed a complaint in the U.S.

    Filed under:
    USA, Insolvency & Restructuring, Eversheds Sutherland (US) LLP, Bankruptcy, Collateral (finance), Security (finance), Futures contract, Commodity broker, Margin (finance), Liquidation, Broker-dealer, Cashflow, Brokerage firm, US Securities and Exchange Commission, Commodity Futures Trading Commission (USA), Securities Investor Protection Corporation, Commodity Exchange Act 1936 (USA), Title 11 of the US Code, Trustee
    Location:
    USA
    Firm:
    Eversheds Sutherland (US) LLP
    Delaware Bankruptcy Court applies Section 1129(a)(10) on a per debtor basis in the tribune Chapter 11 cases
    2011-11-15

    On October 31, 2011, the Honorable Kevin J. Carey, Bankruptcy Judge of the United States Bankruptcy Court for the District of Delaware, issued an opinion denying confirmation of two competing proposed plans of reorganization in the chapter 11 cases of In re Tribune Company, et al.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fried Frank Harris Shriver & Jacobson LLP, Bankruptcy, Debtor, Unsecured debt, Limited liability company, Consideration, Liability (financial accounting), Voting, JPMorgan Chase, Enron, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Brad Eric Scheler , Jean E. Hanson , Gary L. Kaplan , Jennifer L. Rodburg , Shannon Lowry Nagle
    Location:
    USA
    Firm:
    Fried Frank Harris Shriver & Jacobson LLP
    Harrisburg City Council responds to objections to Chapter 9 eligibility
    2011-11-15

    As expected the Harrisburg City Council has filed a reply to the numerous objections to the Chapter 9 filing of Harrisburg initiated by the City Council.  The City Council’s brief (harrisburg response.pdf) appears to be the only timely filed reply to the objections to the Chapter 9 filing. 

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Litigation, Public, Mintz, Bankruptcy, Solicitor, US Constitution, Constitution, Equal Protection Clause, United States bankruptcy court
    Authors:
    William W. Kannel
    Location:
    USA
    Firm:
    Mintz

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