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Bankruptcy Court Rules in Favor of University in Trustee's Suit to Recover Tuition Payments, Then Certifies Trustee's Appeal to First Circuit
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In an unusual decision, the U.S. Bankruptcy Court for the Southern District of Texas found that emailing hyperlinks directing others to view a third-party’s blog is a sufficient “publication” to sustain a defamation claim under state law.
Commercial lessors have long enjoyed certain individualized protections under section 365 of the Bankruptcy Code. The Third Circuit’s recent decision in In re Goody’s Family Clothing, Inc., __ F.3d ___, 2010 WL 2671929 (3d Cir. June 29, 2010), makes it clear that commercial lessors also can take advantage of the more general protections available to creditors to obtain payment for goods and services they provide to a debtor after it files for bankruptcy where the specific protections are not applicable.
Section 365(d)(3)
"Free and Clear" Sale of a Trademark or Intellectual Property License Under Section 363 Does Not Trump Rights of Third Party Licensees under Section 365
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Legal Fees Earned by Departed Partners in Now-Defunct Law Firms Determined Not to Be Property of the Bankrupt Firm
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The Financial Accounting Standards Board (FASB) issued proposed amendments on June 26, 2013, to provide guidance about management's responsibilities in evaluating a company's going concern uncertainties in addition to the timing and content of related footnote disclosures. Even before a company’s liquidation is imminent, there may be uncertainties about a company’s ability to continue as a going concern and, therefore, about its going concern presumption (going concern uncertainties). Currently, there is no guidance in the U.S.
Earlier today, the U.S. District Court for the District of Maryland issued a decision vacating maritime attachments of a vessel on the grounds that the attachments were futile in view of the Vessel Owner's bankruptcy proceedings. In Evridiki Navigation v. The Sanko Steamship Co., Ltd., Civil No. JKB-12-1382 (ECF Doc. # 135)(D. Md. Jul. 27, 2012), a vessel had been attached in Baltimore, Maryland, by use of Rule B of the Supplemental Rules for Admiralty and Maritime Claims.