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    New Jersey bankruptcy court upholds trademark licensees' rights to use trademark despite licensor's bankruptcy
    2014-11-26

    In In re Crumbs Bake Shop, Inc., No. 14-24287 (Bankr. D.N.J., Oct. 31, 2014), Judge Michael B. Kaplan of the U.S. Bankruptcy Court for the District of New Jersey held that trademark licenses may be entitled, under a bankruptcy court's equitable powers, to the protections of Section 365(n) of the United States Bankruptcy Code, 11 U.S.C. § 101 et seq.

    Filed under:
    USA, New Jersey, Insolvency & Restructuring, Litigation, Trademarks, Duane Morris LLP, Bankruptcy, United States bankruptcy court
    Authors:
    Walter J. Greenhalgh
    Location:
    USA
    Firm:
    Duane Morris LLP
    Pennsylvania Supreme Court recognizes an "ordinary course of business" exception to preference actions brought by liquidator of reliance insurance company
    2009-03-02

    On February 23, 2009, Pennsylvania became the second state to recognize an "ordinary course of business" exception to preference actions brought under a state insolvency statute where the defense is not expressly provided for in the statute. In Joel S. Ario, Insurance Commissioner of the Commonwealth of Pennsylvania, in His Official Capacity as Liquidator of Reliance Insurance Company, Appellant v. H.J. Heinz Company, H.J. Heinz Company, L.P., H.J. Heinz Finance Company, and Portion Pac, Inc., et al., Appellees, No. 21 MAP 2006 (Pa. Feb.

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Insurance, Litigation, Duane Morris LLP, Bankruptcy, Debt, Liquidation, Liquidator (law)
    Location:
    USA
    Firm:
    Duane Morris LLP
    U.S. Supreme Court decision answers question arising out of Stern vs. Marshall decision
    2014-06-09

    In Executive Benefits Insurance Agency, petitioner vs.  Peter H. Arkison, Chapter 7 Trustee, Case No. 12-1200, 573 U.S. __(2014) the United States Supreme Court  ( Court) delivered its opinion as a follow up to its landmark decision in Stern v. Marshall.  In Stern v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Duane Morris LLP, Bankruptcy, Tortious interference, Article III US Constitution, SCOTUS, United States bankruptcy court
    Authors:
    Walter J. Greenhalgh
    Location:
    USA
    Firm:
    Duane Morris LLP
    Tax complications of bankruptcies in difficult economic times
    2009-02-03

    Given the current state of the economy, it should come as no surprise that business related bankruptcy filings increased 41.6 percent and non-business bankruptcies increased 28.4 percent between June 30, 2007, and June 30, 2008, with more than one million Americans filing for bankruptcy during calendar year 2007, according to the Administrative Office of the U.S. Courts.

    Filed under:
    USA, Insolvency & Restructuring, Tax, Duane Morris LLP, Tax exemption, Credit card, Bankruptcy, Debtor, Tax credit, Debt, Debt relief, Title 11 of the US Code, Internal Revenue Code (USA), Internal Revenue Service (USA)
    Location:
    USA
    Firm:
    Duane Morris LLP
    Avoidance powers cannot be used to generate windfalls for debtors
    2021-10-07

    The Bankruptcy Code confers upon debtors or trustees, as the case may be, the power to avoid certain preferential or fraudulent transfers made to creditors within prescribed guidelines and limitations. The U.S. Bankruptcy Court for the District of New Mexico recently addressed the contours of these powers through a recent decision inU.S. Glove v. Jacobs, Adv. No. 21-1009, (Bankr. D.N.M.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Duane Morris LLP, Bankruptcy, Debtor, Small Business Administration (USA), United States bankruptcy court
    Location:
    USA
    Firm:
    Duane Morris LLP
    Bitcoin exchange Mt. Gox files for bankruptcy protection; may have broader implications for digital currency industry
    2014-03-03

    In its bankruptcy filing under Japan's Civil Rehabilitation Law, Mt. Gox claims 6.5 billion yen, or around $64 million, in liabilities and 3.84 billion yen, or around $38 million, in assets.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Internet & Social Media, Duane Morris LLP, Bankruptcy, Bitcoin
    Authors:
    James G. Schu, Jr. , Rudolph J. Di Massa, Jr. , Rosanne Ciambrone , Ron Oliner
    Location:
    Japan, USA
    Firm:
    Duane Morris LLP
    11th Circuit Approves of Third-Party Releases Despite Debtor’s Failure to Comply with Strict Notice Requirements of Bankruptcy Rules
    2022-05-19

    Overview

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Bankruptcy, Eleventh Circuit
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    A Creditor’s Perspective: The Bankruptcy Trustee
    2021-09-28

    The Bankruptcy Protector

    Friend or Foe?

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Bankruptcy
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Bankruptcy Battle for InfoWars
    2022-05-05

    The Bankruptcy Protector

    How A Subchapter V Case Filed by Controversial Alex Jones Could Shape the Scope of Subchapter V Cases

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Bankruptcy
    Authors:
    John T. Baxter
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Recent Sixth Circuit BAP Case Shows Risks To Lawyers Arising From Violations Of Discharge Injunction
    2021-09-21

    The Bankruptcy Protector

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Bankruptcy, Injunction, Sixth Circuit
    Authors:
    Gregory M. Taube
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP

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