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    Seventh Circuit Keeps The Door Open After Asset Sale And Limits The Scope of Section 363(m)
    2019-03-21

    Section 363 of the Bankruptcy Code provides a debtor with the power to sell its assets during the bankruptcy case free and clear of all interests. This permits the debtor to maximize the value of its assets and hence the recovery for creditors. But that is not always the end of the story. In Trinity 83 Development, LLC v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Squire Patton Boggs, Title 11 of the US Code, Seventh Circuit
    Authors:
    Kyle F. Arendsen
    Location:
    USA
    Firm:
    Squire Patton Boggs
    The Supreme Court May Finally Give Guidance On Trademark Protections In Bankruptcy
    2018-11-05

    In prior posts, we discussed the perplexing issue of how and whether a trademark licensee is protected when the trademark owner/licensor files a bankruptcy petition and moves to reject the trademark license in accordance with section 365 of the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, Squire Patton Boggs, Bankruptcy, SCOTUS, Seventh Circuit, First Circuit
    Authors:
    Mark A. Salzberg
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Are Trademark Licenses Protected In A Licensor Bankruptcy? The Circuits Are Split.
    2018-02-01

    Certain licensees of intellectual property are expressly given expanded rights when their licensors file bankruptcy. But what about trademark licensees? Trademarks are not among the defined categories of “intellectual property” for bankruptcy purposes. Nonetheless, are trademark licensees otherwise protected in a licensor bankruptcy? Unfortunately for these licensees, a recent circuit court decision put the brakes on attempts to expand protection to licensees of trademarks.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, Squire Patton Boggs, US Congress, Seventh Circuit, First Circuit
    Authors:
    Mark A. Salzberg
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Sentinel Management - The Seventh Circuit Sides With Trust Beneficiaries
    2017-08-21

    In its fifth trip to the Seventh Circuit Court of Appeals, the Sentinel Management Group’s bankruptcy case recently explored complex issues bankruptcy practitioners often encounter in large chapter 11 cases with financial services debtors.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Commodity Exchange Act 1936 (USA), Federal Deposit Insurance Corporation (USA), United States bankruptcy court, Seventh Circuit
    Authors:
    Aaron A. Boschee
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Everything has its own value: 7th Circuit holds that forbearances by a lender may be considered when determining reasonably equivalent value
    2015-06-25

    The United States Court of Appeals for the Seventh Circuit recently held that numerous forbearances by a lender that allowed a single asset real estate borrower to stave off bankruptcy for four years provided value in the context of a constructive fraudulent transfer action. 1756 W. Lake St. LLC v. Am. Chartered Bank (In re 1756 W. Lake St. LLC), Case No. 14-1869 (7th Cir.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Seventh Circuit
    Authors:
    Gabriel A. Morgan
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    You’re late! You’re late! For a very important date! Seventh Circuit holds Bankruptcy Rule 3002(C) deadline to file proofs of claim applies to secured claims
    2015-06-03

    In a decision that could have far reaching implications on the manner and level of secured creditor participation in bankruptcy cases, the Court of Appeals for the Seventh Circuit recently held that the deadline for filing proofs of claim under Bankruptcy Rule 3002(c) applied to all creditors – both unsecured and secured.  Previously, secured creditors had relied on conflicting cases that permitted secured creditors to f

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Unsecured debt, Secured creditor, United States bankruptcy court, Seventh Circuit
    Authors:
    Matthew Goren
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Can I borrow your cause of action for a minute? Derivative standing in the Seventh Circuit
    2014-12-10

    A debtor’s prepetition causes of action and other legal interests typically become property of the debtor’s estate under section 541 of the Bankruptcy Code. In a chapter 11 case, this often leaves the trustee (or debtor in possession) with the sole authority to pursue – or not pursue – such causes of action postpetition. Although the trustee is generally required to maximize the value of the estate, situations can arise where a trustee refuses to pursue litigation that is otherwise in the estate’s best interest.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Standing (law), Debtor in possession, United States bankruptcy court, Seventh Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Can the FDIC assert direct as well as derivative claims of stockholders of failed banks? The Seventh Circuit says “no (but maybe they should)”
    2014-08-19

    In Levin v.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Shareholder, Fiduciary, Holding company, Federal Deposit Insurance Corporation (USA), Seventh Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Another blow to triangular setoff in bankruptcy
    2013-11-21

    Section 553 of the Bankruptcy Code provides, subject to certain exceptions, that the Bankruptcy Code “does not affect any right of a creditor to offset a mutual debt owing by such creditor to the debtor that arose before the commencement of the case under this title against a claim of such creditor against the debtor that arose before the commencement of the case.” Debts are considered “mutual” when they are due to and from the same persons or entities in the same capacity.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Debtor, Debt, Barclays, Seventh Circuit, US District Court for SDNY
    Location:
    USA
    Firm:
    Jones Day
    First (post-) impressions: insider distribution violates absolute priority rule, and competition is essential element of new value corollary
    2013-03-31

    Until 2013, no circuit court of appeals had weighed in on the implications of the U.S. Supreme Court’s pronouncement in the 203 North LaSalle case that property retained by a junior stakeholder under a cram-down chapter 11 plan in exchange for new value “without benefit of market valuation” violates the “absolute priority rule.” See Bank of Amer. Nat’l Trust & Savings Ass’n v. 203 North LaSalle Street P’ship, 526 U.S. 434 (1999), reversing Matter of 203 North LaSalle Street P’ship, 126 F.3d 955 (7th Cir. 1997).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Shareholder, Debtor, United States bankruptcy court, Seventh Circuit
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day

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