Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    Fifth Circuit Considers Nonconsensual Third-Party Releases Outside of Bankruptcy
    2019-07-18

    We’ve focused a lot on third-party releases lately, as bankruptcy courts across the country continue to evaluate whether and under what circumstances they are permissible. But, as a recent opinion of the United States Court of Appeals for the Fifth Circuit demonstrates, bankruptcy courts are not the only courts grappling with this issue.[1]

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP, Title 11 of the US Code, Fifth Circuit
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Paid in Full in Bankruptcy and the Unwary Creditor
    2019-07-19

    We’ve all heard it said a million times - if it sounds too good to be true, it probably is. But does that age-old maxim apply to a bankrupt customer offering to pay you 100% of your unsecured claim through a “prepackaged” bankruptcy or under a critical vendor program? The answer can be complicated.

    This article explores what it means to be “unimpaired” and paid in full in prepackaged bankruptcies and under critical vendor programs and outlines some of the potential pitfalls that can be faced by unsecured creditors under these scenarios.

    Filed under:
    USA, Insolvency & Restructuring, Kelley Drye & Warren LLP, Debtor, Title 11 of the US Code
    Authors:
    Eric R. Wilson , Maeghan J. McLoughlin
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    SCOTUS Adopts ‘Objectively Reasonable’ Standard for Violations of Bankruptcy Discharge Orders
    2019-07-22

    In determining the legal standard for holding a creditor in civil contempt for attempting to collect a debt in violation of a bankruptcy discharge order, the Supreme Court of the United States adopted an “objectively reasonable” standard, and held that a court may hold a creditor in civil contempt if there is “no fair ground of doubt” as to whether the order barred the creditor’s conduct.

    Accordingly, the Supreme Court reversed the Ninth Circuit’s ruling, which had applied a subjective standard for civil contempt.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Debtor, Google, Title 11 of the US Code, Supreme Court of the United States
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Oh Won’t You Stay: The Exception to the Governmental Unit Exception to the Bankruptcy Code’s Automatic Stay
    2019-07-22

    Clients sometimes ask whether filing bankruptcy can protect them from Federal Trade Commission scrutiny. The saga of Joseph Rensin and his company BlueHippo provides an opportunity to review the limited protection bankruptcy provides from the FTC.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Media & Entertainment, Venable LLP, Debtor, Federal Trade Commission (USA), Title 11 of the US Code
    Authors:
    Konstantina (Tina) A. Calabro , Rishi Kapoor
    Location:
    USA
    Firm:
    Venable LLP
    Pacific Gas & Electric Bankruptcy Alert
    2019-07-03

    A recent ruling in the Pacific Gas and Electric Company (PG&E) bankruptcy proceeding highlights the risk to certain renewable energy projects from utility bankruptcy. In a June 7, 2019 ruling, the PG&E bankruptcy court denied the claim that Federal Energy Regulatory Commission (FERC) must approve any attempt by bankruptcy courts to reject (i.e., void) power project agreements (PPAs) between renewable project owners and utilities. This is in direct opposition to a FERC ruling that it does have this power.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Womble Bond Dickinson (US) LLP, Title 11 of the US Code
    Authors:
    Belton T. Zeigler
    Location:
    USA
    Firm:
    Womble Bond Dickinson (US) LLP
    Supreme Court addresses Effects of Trademark License Rejection in Bankruptcy
    2019-07-05

    In an 8–1 decision, the Supreme Court of the United States reversed the US Court of Appeals for the First Circuit and held that rejection of a trademark license in bankruptcy constitutes a breach of the license agreement, which has the same effect as a breach outside bankruptcy. Therefore, a licensor’s rejection of a trademark license agreement does not rescind or terminate the licensee’s rights under the agreement, including the right to continue using the mark. Mission Product Holdings Inc. v. Tempnology, LLC, Case No. 17-1657 (S. Ct.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, McDermott Will & Emery, Debtor, Title 11 of the US Code, Supreme Court of the United States, First Circuit, U.S. Court of Appeals
    Authors:
    Nathan F. Coco
    Location:
    USA
    Firm:
    McDermott Will & Emery
    Supreme Court Holds that Bankrupt Trademark Licensors Cannot Terminate Licensee’s Rights
    2019-07-08

    Abstract

    The Supreme Court recently held that if a bankrupt trademark licensor rejects a trademark licensing agreement during bankruptcy proceedings the licensee does not lose its right to continue using the licensed trademark post-rejection.

    Background

    Filed under:
    USA, Insolvency & Restructuring, Trademarks, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Debtor, Title 11 of the US Code
    Location:
    USA
    Firm:
    Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
    Trademark Licenses . . . Again (Update No. 8): The Supreme Court Decides! (Part 2)
    2019-07-10

    Our May 22 post reported on the Supreme Court’s May 20 decision in Mission Product Holdings, Inc. v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, Patterson Belknap Webb & Tyler LLP, US Congress, Title 11 of the US Code
    Authors:
    David W. Dykhouse
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Potential Pitfalls in Subsequent Bankruptcies of Reliance on Joint Check Agreements
    2019-07-01

    Under title 11 of the United States Code (the “Bankruptcy Code”), generally speaking, payments by insolvent debtors to an unsecured or undersecured creditor on pre-existing indebtedness (so-called “antecedent debt”) made during the 90-day period before the debtor’s bankruptcy filing (the “Preference Period”) are vulnerable to claw-back in the debtor’s bankruptcy case as voidable preferences.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kilpatrick Townsend & Stockton LLP, Debtor, General contractor, Title 11 of the US Code
    Location:
    USA
    Firm:
    Kilpatrick Townsend & Stockton LLP
    Possession is not ‘nine tenths of the law’: Impounded vehicles must be returned when a bankruptcy petition is filed
    2019-07-02

    In a recent opinion, the Court of Appeals for the Seventh Circuit ruled the City of Chicago must return repossessed and impounded vehicles upon receiving a bankruptcy petition, or run the risk of violating the automatic stay under Section 362 of the Bankruptcy Code.

    Background

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Thompson Coburn LLP, Debtor, Title 11 of the US Code
    Authors:
    Lauren Newman
    Location:
    USA
    Firm:
    Thompson Coburn LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 44
    • Page 45
    • Page 46
    • Page 47
    • Current page 48
    • Page 49
    • Page 50
    • Page 51
    • Page 52
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days