Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    Fourth Circuit Provides Relief to Chapter 13 Debtors for Some Underwater Mortgages
    2019-06-03

    In a victory for Chapter 13 debtors, the United States Court of Appeals for the Fourth Circuit recently issued a major decision that changes the way bankruptcy courts in North Carolina will deal with certain home mortgages in Chapter 13.

    Filed under:
    USA, North Carolina, Banking, Insolvency & Restructuring, Litigation, Ward and Smith, PA, Debtor, Fourth Circuit
    Authors:
    Lance P. Martin
    Location:
    USA
    Firm:
    Ward and Smith, PA
    Mission Product: Trademarks? Yes. Mootness? No
    2019-06-04

    In Mission Product Holdings, Inc. v. Tempnology, LLC, 587 U.S. ___ (2019), the Supreme Court held that a debtor’s rejection of a trademark license does not eliminate the licensee’s right to use the trademark through the completion of the contract, settling a split in the Circuits. The Supreme Court also ruled that the case was not moot, despite the bankruptcy estate’s distribution of all of its assets, which may have important implications for the developing jurisprudence on mootness in bankruptcy cases.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, Hogan Lovells, Debtor, US Congress, Title 11 of the US Code
    Authors:
    Ronald Silverman
    Location:
    USA
    Firm:
    Hogan Lovells
    Marijuana-related debtors' case survives dismissal in Ninth Circuit
    2019-06-04

    A recent decision by a federal appeals court appears to open the doors of United States Bankruptcy Courts nationwide… or does it? The Ninth Circuit’s decision from Garvin v. Cook Investments provides a helpful roadmap for understanding the challenges and opportunities for marijuana-related businesses considering their access to bankruptcy courts.

    Marijuana Businesses Generally Violate Federal Law

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Bradley Arant Boult Cummings LLP, Debtor, US Department of Justice, Title 11 of the US Code, Ninth Circuit
    Authors:
    N. Chris Glenos , Whitt Steineker
    Location:
    USA
    Firm:
    Bradley Arant Boult Cummings LLP
    Important Distinctions Drawn by Dissent and Concurrence to Supreme Court’s Decision that Debtors Cannot Unilaterally Rescind Trademark Licensing Agreements
    2019-06-04

    The United States Supreme Court in an 8-1 decision issued on May 20, 2019, settled a split among the Circuits in holding a debtor’s rejection of a trademark license agreement under Bankruptcy Code Section 365 did not rescind the rights of the trademark licensee under the agreement. In Mission Product Holdings, Inc. v. Tempnology, LLC, the Court adopted what is known as the “rejection-as-breach” approach, which holds that post-contract rejection a trademark licensee still retains its rights under applicable state law.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Patents, Trademarks, O'Melveny & Myers LLP, Debtor, US Congress, Title 11 of the US Code
    Authors:
    Evan M. Jones , John J. Rapisardi , Jennifer Taylor , Suzzanne Uhland , Amalia Y. Sax-Bolder
    Location:
    USA
    Firm:
    O'Melveny & Myers LLP
    SCOTUS Rules Rejection of Trademark License in Bankruptcy Does Not Terminate Right to Use Mark
    2019-06-05

    Decision is a Win for Trademark Licensees

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, ArentFox Schiff, Debtor, US Congress, Title 11 of the US Code, Supreme Court of the United States
    Authors:
    Marylee Jenkins , Nicholas A. Marten
    Location:
    USA
    Firm:
    ArentFox Schiff
    The Conundrum of Credit Reporting In and After Bankruptcy: Help May Be on the Way
    2019-05-30

    Creditors and credit furnishers often find properly reporting a payment status to Credit Reporting Agencies (CRAs) during, and after, bankruptcy a challenge. The recent Report of the American Bankruptcy Institute on Consumer Bankruptcy recognizes those challenges, and looks to convene a forum to provide better guidance and clarity as to proper credit reporting once a borrower goes into bankruptcy.

    Challenges

    Filed under:
    USA, Insolvency & Restructuring, Bradley Arant Boult Cummings LLP, Debtor, Fair Credit Reporting Act 1970 (USA)
    Authors:
    Keith S. Anderson , Andrew J. Narod
    Location:
    USA
    Firm:
    Bradley Arant Boult Cummings LLP
    Supreme Court: Bankruptcy Law Cannot Unilaterally Revoke Trademark License
    2019-05-30

    In Mission Product Holdings Inc. v. Tempnology LLC,1 the Supreme Court, in an 8-to-1 decision, held that bankrupt trademark owners cannot use bankruptcy law to unilaterally revoke a trademark license. The Court summarized the question at issue and held that:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, Manatt Phelps & Phillips LLP, Bankruptcy, Debtor, US Congress, Title 11 of the US Code
    Authors:
    Irah H. Donner
    Location:
    USA
    Firm:
    Manatt Phelps & Phillips LLP
    SDNY Bankruptcy Court Reaffirms the Low Bar of the Property Requirement for Filing a Chapter 15 Case
    2019-05-30

    Last year, we discussed a decision by Judge Sean Lane of the United States Bankruptcy Court for the Southern District of New York concerning section 109(a) of the Bankruptcy Code.[1] In a recent cross-border case, In re PT Bakrie Telecom Tbk,

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP, Debtor
    Authors:
    Daniel A. Lowenthal
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    "Rejection as Breach" Analysis Resolves Circuit Split and Sets Precedent in Supreme Court's Recent Bankruptcy Ruling in Mission Product Holdings Inc. v. Tempnology LLC
    2019-05-31

    On May 20, 2019, the United States Supreme Court issued its decision in Mission Product Holdings Inc. v. Tempnology LLC (In re Tempnology) ("Tempnology"), 587 U.S. ___, 2019 WL 2166392 (U.S. May 20, 2019), which finally resolved an issue that has created confusion and uncertainty for more than 30 years regarding the consequences flowing from a debtor licensor's rejection of a trademark license in bankruptcy.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, Venable LLP, Debtor, US Congress, Title 11 of the US Code
    Location:
    USA
    Firm:
    Venable LLP
    So the U.S. Supreme Court Resolved a Circuit Split Concerning Trademark Licenses, Now What?
    2019-05-31

    In Mission Products Holdings, Inc. v. Tempnology, LLC, the U.S. Supreme Court resolved a question that vexed the lower courts and resulted in a circuit split: does the rejection by a debtor-licensor of a trademark license agreement terminate the licensee’s rights under the rejected license?

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, Dechert LLP, Debtor, Supreme Court of the United States
    Authors:
    Shmuel Vasser , Joshua H. Rawson
    Location:
    USA
    Firm:
    Dechert LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 127
    • Page 128
    • Page 129
    • Page 130
    • Current page 131
    • Page 132
    • Page 133
    • Page 134
    • Page 135
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days