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    Creditors with Partially Disputed Claims Have Standing to File an Involuntary Bankruptcy
    2018-12-14

    Section 303 of the Bankruptcy Code provides a unique remedy to unsecured creditors seeking to collect their debts against an insolvent entity. A careful look at this remedy is contained in an earlier post, entitled Creditors’ Strategic Use of Involuntary Bankruptcy.

    Filed under:
    USA, Arbitration & ADR, Banking, Insolvency & Restructuring, Litigation, Real Estate, FisherBroyles LLP, Bankruptcy, Deferred compensation, IBM
    Authors:
    H. Joseph Acosta
    Location:
    USA
    Firm:
    FisherBroyles LLP
    Bankruptcy Code’s patent protection extended to licensees of foreign debtors in chapter 15 case
    2011-11-09

    In a case of first impression, In re Qimonda AG, the Bankruptcy Court for the Eastern District of Virginia (the “Bankruptcy Court”) found that the protections of section 365(n) of the Bankruptcy Code are available to licensees of U.S. patents in a chapter 15 case even when these protections are not available under the foreign law applicable to the foreign debtor.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patents, Dechert LLP, Royalty payment, Bankruptcy, Debtor, Remand (court procedure), Comity, Debtor in possession, IBM, Intel, Title 11 of the US Code, United States bankruptcy court, US District Court for Eastern District of Virginia
    Location:
    USA
    Firm:
    Dechert LLP
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