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Killjoy Bankruptcy Court Denies Debtors’ Motion to Buy Totally Boss Camaro
2018-07-26

Weird things happen in bankruptcy court. All you high-falutin Chapter 11 jokers out there, cruise down to the bankruptcy motions calendar one day.

Filed under:
USA, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Debtor
Authors:
Mark I. Duedall
Location:
USA
Firm:
Bryan Cave Leighton Paisner (Bryan Cave)
View Original Article
No Notice: How Unnotified Creditors Can Violate a Discharge Injunction
2017-10-17

Here is the scenario: You are a creditor. You hold clear evidence of a debt that is not disputed by the borrower, an individual. That evidence of debt could be in the form of a note, credit agreement or simply an invoice. You originated the debt, or perhaps instead it was transferred to you — it does not matter for this scenario. At some point the borrower fails to pay on the debt when due. For whatever reason, months or even years pass before you initiate collection efforts.

Filed under:
USA, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), United States bankruptcy court
Authors:
Craig K. Schuenemann
Location:
USA
Firm:
Bryan Cave Leighton Paisner (Bryan Cave)
View Original Article
What’s Yours is Mine and What’s Mine is For the Benefit of My Creditors: Bankruptcy Courts Remain Reluctant to Impose Constructive Trusts on Debtor Property
2017-02-27

There is an inherent tension between the goals of bankruptcy law and the state law doctrine of constructive trust. A central tenet of bankruptcy policy is that similarly situated creditors should be treated equally: because an insolvent business or individual will not be able to pay all creditors in full, a proper bankruptcy system must provide as equitable a distribution to each of them as possible. Constructive trust law, on the other hand, works to the advantage of a single creditor – which always means the detriment of the others when everyone is competing for limited funds.

Filed under:
USA, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave)
Location:
USA
Firm:
Bryan Cave Leighton Paisner (Bryan Cave)
View Original Article
Stern Amendments to Bankruptcy Rules
2016-09-19

While it has taken five years of committee and court efforts, the “Stern Amendments” to the Federal Rules of Bankruptcy Procedure will become effective December 1, 2016. These amendments will streamline litigant and court procedures in resolving subject matter jurisdiction matters as between district courts and bankruptcy courts.

Filed under:
USA, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), United States bankruptcy court
Authors:
James Maloney
Location:
USA
Firm:
Bryan Cave Leighton Paisner (Bryan Cave)
View Original Article
Sabine - A New York Bankruptcy Judge’s Interpretation of Texas Property Law Encourages Compromise and Leaves an Industry in Limbo
2016-06-17

On March 9, 2016, Bankruptcy Judge Shelley Chapman of the Southern District of New York issued her decision on the Debtor’s motion to reject certain contracts in Sabine Oil & Gas Corporation’s Chapter 11 case.[i] The decision, which allowed Sabine to reject “gathering agreements”

Filed under:
USA, New York, Texas, Company & Commercial, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy
Authors:
Craig K. Schuenemann
Location:
USA
Firm:
Bryan Cave Leighton Paisner (Bryan Cave)
View Original Article
It ain’t over ‘til it’s over: Circuits are limiting the use of equitable mootness
2015-12-01

Over the summer, four appellate court decisions addressed the doctrine of equitable mootness: In re Tribune Media Co., 799 F.3d 272 (3d Cir. 2015); In re One2One Commc’ns, LLC, No. 13-3410, 2015 WL 4430302 (3d Cir.

Filed under:
USA, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave)
Authors:
Mark G. Stingley
Location:
USA
Firm:
Bryan Cave Leighton Paisner (Bryan Cave)
View Original Article
Federal antitrust laws: a new tool to prohibit pre-petition coordination among creditors?
2014-07-14

Who Should Read This? Anyone that deals in distressed debt, and in particular anyone that acquires distressed or defaulted bond debts.

Filed under:
USA, Competition & Antitrust, Insolvency & Restructuring, Litigation, White Collar Crime, Bryan Cave Leighton Paisner (Bryan Cave)
Authors:
Bradley J. Purcell , Justin A. Sabin
Location:
USA
Firm:
Bryan Cave Leighton Paisner (Bryan Cave)
View Original Article
Seventh Circuit bankruptcy decision is a major victory for trademark licensees
2012-07-19

Trademark licensees won a victory on July 9, 2012, when the Court of Appeals for the Seventh Circuit issued its decision in Sunbeam Products, Inc. v. Chicago American Manufacturing, LLC. The opinion holds that the rights of a trademark licensee do not automatically terminate when its license agreement is rejected by a trademark owner in bankruptcy. Nevertheless, the significance of that victory will only become clarified if and when other courts, including possibly the Supreme Court, and Congress address the issues raised in Sunbeam.  

IP Licenses in Bankruptcy

Filed under:
USA, Insolvency & Restructuring, Litigation, Trademarks, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, US Congress, Fourth Circuit, Seventh Circuit
Location:
USA
Firm:
Bryan Cave Leighton Paisner (Bryan Cave)
View Original Article
Ninth Circuit Declines To Decide When Contempt Sanction Becomes Punishment
2018-07-25

Bankruptcy courts have authority to hold in civil contempt one who refuses to comply with a bankruptcy court order, including incarceration and/or daily fines until the offender complies.[1] But when does civil contempt[2] cross into criminal contempt, which is punitive and outside

Filed under:
USA, Insolvency & Restructuring, Bryan Cave Leighton Paisner (Bryan Cave), Ninth Circuit, US District Court for Central District of California
Location:
USA
Firm:
Bryan Cave Leighton Paisner (Bryan Cave)
View Original Article
The Jevic Files Continue: Pioneer-ing the Post-Jevic Era, and Wondering if Jevic Altered Critical Vendor Theory After All?
2017-08-23

Editors’ Note: The Supreme Court’s Jevic ruling last spring remains a treasure trove of bankruptcy theory, suitable for the novice bankruptcy student and highly instructional for those of us who have practiced in chapter 11 for years. We at The Bankruptcy Cave like it so much that we will be offering a few more posts in upcoming weeks on the lower courts’ interpretation of Jevic since the spring, the continued efforts in Delaware to sidestep Jevic, and other important learning from the case.

Filed under:
USA, Mississippi, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Debtor, SCOTUS, United States bankruptcy court
Location:
USA
Firm:
Bryan Cave Leighton Paisner (Bryan Cave)
View Original Article

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