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    Continuing ‘material’ obligations render license agreement executory – Lewis Brothers
    2013-02-18

    Lewis Brothers Bakeries Incorporated v. Interstate Brands Corporation (In re Interstate Bakeries Corporation), 690 F.3d 1069 (8th Cir. 2012)

    CASE SNAPSHOT

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Dissenting opinion, Intangible asset, Eighth Circuit
    Authors:
    Christopher O. Rivas
    Location:
    USA
    Firm:
    Reed Smith LLP
    IRS issues final Treasury regulations addressing tax treatment of partnership debt for equity exchanges
    2011-11-16

    Background

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Tax, Latham & Watkins LLP, Royalty payment, Tax exemption, Debtor, Safe harbor (law), Interest, Taxable income, Debt, Liquidation, Fair market value, Intangible asset, Bankruptcy discharge, Internal Revenue Service (USA), Internal Revenue Code (USA)
    Authors:
    David S. Raab
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Securing a loan to a broadcaster, Part 2 - bankruptcy cases and liens on licenses
    2011-09-06

    When an FCC licensee goes bankrupt, the question of how to treat the interests of secured lenders is the one that, from time to time, comes up for debate. Two recent cases deal with this issue – one appearing to be an aberration that would make lending to a broadcast licensee difficult if not impossible, while the second providing a more lender-friendly interpretation after a detailed analysis of the history of FCC and court precedent on this issue, affirming what most in the broadcast community have assumed, for most of the last two decades, is settled law. We

    Filed under:
    USA, Insolvency & Restructuring, Media & Entertainment, Davis Wright Tremaine LLP, Bankruptcy, Debtor, Unsecured debt, Interest, Debt, Broadcasting, Intangible asset, Default (finance), Secured creditor, Federal Communications Commission (USA), United States bankruptcy court
    Authors:
    David D. Oxenford
    Location:
    USA
    Firm:
    Davis Wright Tremaine LLP
    Court relies on market capitalization to determine solvency of debtor prior to bankruptcy
    2008-03-06

    Can market capitalization be used to evidence the solvency of bankrupt debtors? A recent bankruptcy case out of the District of Delaware suggests that it can.1

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case, Public company, Bankruptcy, Market capitalisation, Debtor, Consideration, Debt, Liquidation, Intangible asset, Market manipulation, Valuation (finance), AOL
    Location:
    USA
    Firm:
    White & Case
    Fifth Circuit emphasizes harm to other creditors as requirement for equitable subordination
    2008-07-14

    In a recent case,1 the Fifth Circuit emphasized its rule that a creditor's claim may be equitably subordinated to the claims of other creditors only to the extent necessary to offset the harm that the other creditors have suffered, based on specific findings and conclusions.

    Background

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case, Shareholder, Debtor, Unsecured debt, Collateral (finance), Debt, Intangible asset, Default (finance), Secured creditor, Secured loan, Title 11 of the US Code, United States bankruptcy court, Fifth Circuit
    Location:
    USA
    Firm:
    White & Case
    A victory for common sense in the House of Lords
    2007-05-02

    On 2 May 2007 the House of Lords ruled that the mere appointment of a receiver was not enough for a company to recover damages for business contracts that were allegedly lost as a result of that appointment.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, RPC, Breach of contract, Interest, Solicitor, Intangible asset, Strict liability, Liquidator (law), Tangible property, House of Lords
    Location:
    United Kingdom
    Firm:
    RPC
    IRS issues final Treasury regulations addressing tax treatment of partnership debt for equity exchanges
    2011-11-16

    Background

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Tax, Latham & Watkins LLP, Royalty payment, Tax exemption, Debtor, Safe harbor (law), Interest, Taxable income, Debt, Liquidation, Fair market value, Intangible asset, Bankruptcy discharge, Internal Revenue Code (USA), Internal Revenue Service (USA)
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Fifth Circuit emphasizes harm to other creditors as requirement for equitable subordination
    2008-07-14

    In a recent case,1 the Fifth Circuit emphasized its rule that a creditor's claim may be equitably subordinated to the claims of other creditors only to the extent necessary to offset the harm that the other creditors have suffered, based on specific findings and conclusions.

    Background

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case LLP, Shareholder, Debtor, Unsecured debt, Collateral (finance), Debt, Intangible asset, Default (finance), Secured creditor, Secured loan, Title 11 of the US Code, United States bankruptcy court, Fifth Circuit
    Location:
    USA
    Firm:
    White & Case LLP
    Court relies on market capitalization to determine solvency of debtor prior to bankruptcy
    2008-03-06

    Can market capitalization be used to evidence the solvency of bankrupt debtors? A recent bankruptcy case out of the District of Delaware suggests that it can.1

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case LLP, Public company, Bankruptcy, Market capitalisation, Debtor, Consideration, Debt, Liquidation, Intangible asset, Valuation (finance)
    Location:
    USA
    Firm:
    White & Case LLP
    Perfection of a security interest in a cash collateral account
    2008-10-14

    Banks have a recognized right to set off amounts owing by the bank to its customer (i.e. a credit balance in the customer’s bank account) against the customer’s debt to the bank. However, banks frequently wish to have the additional comfort of obtaining a security interest in the customer’s credit balance in a designated bank account. Banks frequently refer to this security as a pledge of cash collateral.

    Filed under:
    Canada, Ontario, Banking, Insolvency & Restructuring, Dentons, Debtor, Collateral (finance), Debt, Personal property, Intangible asset, Personal Property Security Act 1990 (Canada)
    Location:
    Canada
    Firm:
    Dentons

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