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    Trademark license agreement defines materiality, effectively establishing a perpetual executory agreement subject to perpetual rejection
    2011-06-15

    Lewis Brothers Bakeries Incorporated and Chicago Baking Company v. Interstate Brands Corporation (In re Interstate Bakeries Corporation, et al.), Bk. Case No. 04-45818-11-JWV (W.D. Mo. March 21, 2011)

    CASE SNAPSHOT

    Filed under:
    USA, Missouri, Insolvency & Restructuring, Litigation, Trademarks, Reed Smith LLP, Debtor, Breach of contract, Federal Reporter, Eighth Circuit, United States bankruptcy court, Third Circuit
    Authors:
    Christopher O. Rivas
    Location:
    USA
    Firm:
    Reed Smith LLP
    Real estate sales: fixtures can be in the eye of the beholder (a/k/a boilerplate matters)
    2015-02-03

    In re Trackwell, 520 B.R. 788 (Bankr. W.D. Mo. 2014) –

    The successful bidder at a bankruptcy auction of a ranch claimed that a cattle chute was included in the sold assets.  The debtors disagreed.  Resolution of the dispute turned on whether the cattle chute constituted a fixture that was part of the real estate.

    Filed under:
    USA, Missouri, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Personal property
    Location:
    USA
    Firm:
    Troutman Pepper
    Why Missouri’s receivership law is due for reform
    2013-09-13

    Note: This post is part of a four-part series on the Credit Report Blog. Click here to view all related posts.

    Filed under:
    USA, Missouri, Insolvency & Restructuring, Thompson Coburn LLP, Liquidation
    Authors:
    David Warfield
    Location:
    USA
    Firm:
    Thompson Coburn LLP
    Receivership reforms, part two: establishing and empowering receivers
    2013-09-16

    In our last post, we gave a broad overview of Missouri receivership law and why it needs to change. In the next two posts, we’ll dive deeper, provide background on receiverships, and detail specific reforms that could provide much-needed updates to the process.

    Types of receiverships

    Filed under:
    USA, Missouri, Insolvency & Restructuring, Thompson Coburn LLP, Debtor, Foreclosure, Debtor in possession
    Authors:
    David Warfield
    Location:
    USA
    Firm:
    Thompson Coburn LLP
    Receivership reforms, part three: creditors’ rights and priority of claims
    2013-09-17

    In our previous post, we provided background on receiverships and detailed specific reforms that could provide much-needed updates to the process. Today we’re continuing to look at those possible reforms.

    Conduct of case and notice to creditors

    Filed under:
    USA, Missouri, Insolvency & Restructuring, Thompson Coburn LLP, Bankruptcy
    Authors:
    David Warfield
    Location:
    USA
    Firm:
    Thompson Coburn LLP
    Prepetition post-default rents: who gets the cash – Round 2?
    2013-01-03

    In re Prospect Studios, L.P.,478 B.R. 367 (Bankr. W.D. Mo. 2012) –

    Filed under:
    USA, Missouri, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Debtor, Accounts receivable, Interest, Default (finance)
    Location:
    USA
    Firm:
    Troutman Pepper
    2012 year in review – Part 2
    2012-12-27

    August 31, 2012: Second Circuit Adopts Abuse of Discretion Standard of Review for Equitable Mootness Decisions

    Filed under:
    USA, California, Missouri, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Second Circuit
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Bankruptcy court surprises observers and transfers venue of Patriot Coal Chapter 11 cases to missouri
    2012-11-29

    In an important opinion released on November 27, 2012, Judge Shelley C. Chapman of the United States Bankruptcy Court for the Southern District of New York transferred the Patriot Coal Corporation (Patriot Coal) chapter 11 bankruptcy cases from the Southern District of New York to the Eastern District of Missouri. This decision comes as a surprise to many observers who had expected, based on prior failed attempts to change venue in Enron and other large cases filed in the Southern District of New York, that Judge Chapman would defer to the Debtor’s choice of venue.

    Filed under:
    USA, Missouri, New York, Insolvency & Restructuring, Litigation, King & Spalding LLP, Bankruptcy, Debtor, United States bankruptcy court
    Authors:
    Eric English
    Location:
    USA
    Firm:
    King & Spalding LLP
    Update: court temporarily enjoins enforcement of St. Louis County foreclosure mediation ordinance
    2012-09-28

    Earlier this week we reported that St. Louis County’s foreclosure mediation ordinance was set to be effective today, September 28, 2012. However, a St.

    Filed under:
    USA, Missouri, Insolvency & Restructuring, Litigation, Husch Blackwell LLP, Injunction
    Authors:
    Andrew R. Meyer , John P. McNearney , Gary L. Vincent , Caroline L. Hermeling
    Location:
    USA
    Firm:
    Husch Blackwell LLP
    Missouri court reaffirms ECOA defense to spousal guaranties of business loans and scrutinizes lender’s “good faith” determination of a non-monetary default
    2012-10-04

    Last week the Missouri Court of Appeals issued its opinion in Frontenac Bank v. T.R.

    Filed under:
    USA, Missouri, Banking, Insolvency & Restructuring, Litigation, Real Estate, Husch Blackwell LLP, Good faith, Default (finance), Equal Credit Opportunity Act 1974 (USA)
    Authors:
    Jeffrey Heuer , Jennifer L. Cooke
    Location:
    USA
    Firm:
    Husch Blackwell LLP

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