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    New Jersey Bankruptcy Court extends unusual protection to trademark licensees under Section 365(n)
    2014-11-25

    A recent Bankruptcy Court decision in New Jersey took an unusual approach in determining  the rights of the debtors’ trademark licensees following the debtors’ rejection of the licenses as executory contracts. In In re Crumbs Bake Shop, Inc., Case No.

    Filed under:
    USA, New Jersey, Insolvency & Restructuring, Litigation, Trademarks, Foley & Lardner LLP, United States bankruptcy court
    Location:
    USA
    Firm:
    Foley & Lardner LLP
    New Jersey bankruptcy court upholds trademark licensees' rights to use trademark despite licensor's bankruptcy
    2014-11-26

    In In re Crumbs Bake Shop, Inc., No. 14-24287 (Bankr. D.N.J., Oct. 31, 2014), Judge Michael B. Kaplan of the U.S. Bankruptcy Court for the District of New Jersey held that trademark licenses may be entitled, under a bankruptcy court's equitable powers, to the protections of Section 365(n) of the United States Bankruptcy Code, 11 U.S.C. § 101 et seq.

    Filed under:
    USA, New Jersey, Insolvency & Restructuring, Litigation, Trademarks, Duane Morris LLP, Bankruptcy, United States bankruptcy court
    Authors:
    Walter J. Greenhalgh , Fletcher W. Moore , Steven T. Knipfelberg
    Location:
    USA
    Firm:
    Duane Morris LLP
    New Jersey Bankruptcy Court decision protects rights of trademark licensees
    2014-11-17

    "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

    HIGHLIGHTS:

    Filed under:
    USA, New Jersey, Insolvency & Restructuring, Litigation, Trademarks, Holland & Knight LLP, United States bankruptcy court
    Authors:
    Robert J. Labate , Arthur E. Rosenberg
    Location:
    USA
    Firm:
    Holland & Knight LLP
    Crumbs Bake Shop finds layers of rights under a rejected trademark license
    2014-11-17

    As previously discussed here and 

    Filed under:
    USA, New Jersey, Insolvency & Restructuring, Litigation, Trademarks, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    The trend of protecting trademark licensees in bankruptcy continues: for the first time a court extends Section 365(n) protections to trademark licensees on equitable grounds
    2014-11-09

    If you doubted it before, you can stop now. The trend of courts finding ways to protect trademark licensees from the harsh effects of losing their trademark license rights in bankruptcy is in full swing.

    Filed under:
    USA, New Jersey, Insolvency & Restructuring, Litigation, Trademarks, Cooley LLP
    Authors:
    Robert Eisenbach
    Location:
    USA
    Firm:
    Cooley LLP
    Third Circuit concludes personal injury causes of action against a successor to debtor’s business are generalized claims
    2014-05-09

    In a novel decision, the United States Court of Appeals for the Third Circuit held, in its ruling In re Emoral, Inc., 740 F.3d 875 (3d Cir. 2014), that personal injury claims of individuals allegedly harmed by a bankrupt debtor’s products cannot be asserted against a pre-petition purchaser of the debtor’s assets, as they are “generalized claims” which belong to the debtor’s bankruptcy estate rather than to the individuals who suffered the harm.

    Background

    Filed under:
    USA, New Jersey, Insolvency & Restructuring, Litigation, Pillsbury Winthrop Shaw Pittman LLP, United States bankruptcy court, Third Circuit
    Authors:
    Richard L. Epling , Dina E. Yavich
    Location:
    USA
    Firm:
    Pillsbury Winthrop Shaw Pittman LLP
    Successor liability: the right and wrong way to assert it.
    2014-03-20

    What recourse is there for a plaintiff seeking to recover a debt when the defendant goes bankrupt during suit, and its owner commences operating essentially the same business through another legal entity?  Can successor liability be asserted and, if so, how?  Those issues played out in the recent case of Marange Printing, Inc. v. Finish Line NJ, Inc., et  al., Superior Court of New Jersey, Docket No. A-2735-12T2 (decided March 7, 2014).

    Filed under:
    USA, New Jersey, Company & Commercial, Insolvency & Restructuring, Litigation, Porzio Bromberg & Newman PC, Debt
    Authors:
    Michael L. Rich
    Location:
    USA
    Firm:
    Porzio Bromberg & Newman PC
    No rents for you! Bankruptcy court finds assigned rents are not property of the estate
    2014-02-13

    On February 4, 2014, the United States Bankruptcy Court for the District of New Jersey in In re Surma, 2014 WL 413572 (Bankr. D.N.J. Feb. 4, 2014), held that rents were not property of the debtor’s bankruptcy estate because they were subject to an absolute and unconditional assignment of rents in favor of the secured lender. As a result, the court concluded that the debtor may not, through his Chapter 11 plan of reorganization, use or allocate rents.

    Background

    Filed under:
    USA, New Jersey, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Debtor, Fair market value, United States bankruptcy court
    Authors:
    Jason H. Watson , David A. Wender , Suzanne N. Boyd
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Plaintiff’s employment case dismissed for failure to mention suit in pending bankruptcy proceedings, New Jersey District Court holds
    2013-11-27

    InLewis v. Eberle & BCI Services, LLC, 2013 WL 4483529 (D.N.J. Aug. 19, 2013), a New Jersey district court dismissed the plaintiff’s claims brought under the Americans with Disabilities Act and the Family and Medical Leave Act because she failed to disclose them as “assets” in a simultaneous bankruptcy proceeding. The plaintiff was engaged in Chapter 7 bankruptcy proceedings when she filed suit against her former employer, but she did not revise her bankruptcy petition to identify those claims.

    Filed under:
    USA, New Jersey, Employment & Labor, Insolvency & Restructuring, Litigation, Ogletree Deakins, Bankruptcy
    Authors:
    Evan J. Shenkman , Christopher G. Elko , Steven J. Luckner
    Location:
    USA
    Firm:
    Ogletree Deakins
    New Jersey Supreme Court ruling regarding insolvent insurers could have significant impact on allocation of long-tail claims
    2013-10-25

    On September 24, 2013, in Farmers Mut. Fire Ins. Co. v. NJPLIGA,      N.J. , 2013 WL5311272 (2013), the New Jersey Supreme Court ruled that policy limits of solvent insurers must be exhausted before the New Jersey Property‐ Liability Insurance Guaranty Association ("NJPLIGA") could be responsible  for long‐tail claims under policies issued by insolvent insurers. NJPLIGA is a statutory entity created to provide New Jersey policyholders with protection when insurers become insolvent.

    Filed under:
    USA, New Jersey, Insolvency & Restructuring, Insurance, Litigation, Porzio Bromberg & Newman PC, New Jersey Supreme Court
    Authors:
    Charles J. Stoia
    Location:
    USA
    Firm:
    Porzio Bromberg & Newman PC

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