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    The Supreme Court Has Spoken: Victory for Trademark Licensees
    2019-05-20

    Earlier today, the Supreme Court finally answered the question of whether a trademark licensee is protected when the trademark owner/licensor files a bankruptcy petition and rejects the trademark license in accordance with section 365 of the Bankruptcy Code. To cut to the chase, trademark licensees won.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, Squire Patton Boggs
    Authors:
    Mark A. Salzberg
    Location:
    USA
    Firm:
    Squire Patton Boggs
    I’ll Gladly Pay You Tuesday for an Ice Cream Cone Today: 11th Circuit Clarifies Availability of “New Value” Defense in Bankruptcy Preference
    2018-09-04

    Last month, the Eleventh Circuit Court of Appeals clarified the circumstances under which a creditor can assert a “new value” defense to a preference action under section 547(c)(4) of the Bankruptcy Code—rejecting as dictum language in a prior decision indicating that the new value provided needed to remain unpaid in order to setoff against preference payments. The Eleventh Circuit’s decision also had the effect of narrowing a split among the circuits.

    The Background

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Squire Patton Boggs
    Authors:
    Aaron A. Boschee
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Marijuana Businesses Barred from the Bankruptcy Courts: But How Far Will the Bar Extend?
    2017-12-14

    As more and more states pass laws allowing the sale of marijuana, whether for medicinal or recreational purposes, investors will try to claim their share of what is certainly going to be a lucrative market. However, even in a growing market, private enterprises fail or need restructuring. This raises the question of whether distressed marijuana businesses, and those doing business with marijuana businesses, can seek relief under the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Squire Patton Boggs, Controlled Substances Act 1971 (USA)
    Authors:
    Mark A. Salzberg
    Location:
    USA
    Firm:
    Squire Patton Boggs
    An Important Ruling for Secured Lenders - Ninth Circuit Holds that the Proper Cramdown Valuation is Replacement Value
    2017-06-19

    In an important decision for secured creditors, the Ninth Circuit recently held that the proper “cramdown” valuation of a secured creditor’s collateral is its replacement value, regardless of whether the foreclosure value would generate a higher valuation of the collateral. The appellate court’s decision has the potential to significantly impact lenders that include certain types of restrictions on the use of the collateral (such as low income housing requirements) in their financing documents.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Squire Patton Boggs, Collateral (finance), Covenant (law), Foreclosure, Affordable housing, Default (finance), Valuation (finance), Title 11 of the US Code, US HUD, Ninth Circuit, United States bankruptcy court
    Authors:
    Travis A. McRoberts
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Sixth Circuit Weighs in on the Phrase “Applicable Nonbankruptcy Law” Under the Bankruptcy Code
    2017-02-27

    In Metropolitan Government of Nashville & Davidson County v. Hildebrand, the Sixth Circuit Court of Appeals explains how to read the phrase “applicable nonbankruptcy law” as it is used in the United States Bankruptcy Code. The case – a chapter 13 individual bankruptcy case – discussed the phrase in the context of section 511(a) of the Bankruptcy Code, which deals with the appropriate rate of interest applicable to tax claims.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Sixth Circuit
    Authors:
    Elliot M. Smith
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Excuse me, but I believe I was first in line! Severance Claims as a Matter of Priority.
    2016-11-01

    Among other strategic considerations a financially troubled company must grapple with as it prepares for a potential bankruptcy filing is how best to effectively implement necessary workforce reductions as part of its overall reorganization efforts. A workforce reduction could potentially give rise to severance and other employee obligations, and, under certain circumstances, could also give rise to significant WARN Act claims.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Squire Patton Boggs
    Authors:
    Elliot M. Smith
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Equitable Mootness Strikes Again: The Near Impossibility of Challenging a Debtor’s Critical Vendor Decisions
    2021-03-17

    Although debtors who file for Chapter 11 bankruptcy generally cannot pay prepetition debts until a plan which complies with the “absolute priority rule” is confirmed, there are a number of now well-established exceptions to this rule.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, SCOTUS
    Authors:
    Norman N. Kinel
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Score One for Shopping Center Landlords: Adequate Assurance of Future Performance Means Just What the Bankruptcy Code Says!
    2020-03-10

    In a recent decision, the Chief Judge of the District Court for the Southern District of New York reversed a decision of the bankruptcy court in the Sears bankruptcy case that was prejudicial to the interests of shopping center landlords whose tenants become chapter 11 debtors.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Landlord, United States bankruptcy court
    Authors:
    Norman N. Kinel
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Supreme Court Resolves Bankruptcy Circuit Split in Favor of Trademark Licensees
    2019-05-20

    The Supreme Court’s decision today in Mission Product Holdings, Inc. v. Tempnology LLC resolved longstanding uncertainty at the intersection of trademark and bankruptcy law. In particular, the Court determined whether the rejection of a trademark license in a bankruptcy case deprives the trademark licensee of its rights under the license for which it had likely paid a lot of money.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, Squire Patton Boggs
    Location:
    USA
    Firm:
    Squire Patton Boggs
    The Ever-Shrinking Chapter 11 Case
    2018-08-20

    Most observers of the world of chapter 11 bankruptcy cases – and particularly those professionals who practice in that arena – will not be surprised to learn that their individual experiences and anecdotal reports suggesting that the duration of Chapter 11 cases has continued to shrink have been validated by Fitch Ratings, one of the “big three” credit rating agencies. Fitch’s August 7, 2018 report, entitled “Shrinking Length of U.S. Bankruptcies,” provides many useful statistics and analyses of recent and historical trends in chapter 11 cases.

    Filed under:
    USA, Insolvency & Restructuring, Squire Patton Boggs, Liquidation
    Authors:
    Norman N. Kinel
    Location:
    USA
    Firm:
    Squire Patton Boggs

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