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    The value of IP: concern re IP “going to China” in A123 bankruptcy
    2012-10-28

    Media reports re A123 System’s bankruptcy confirm that A123′s intellectual property is an important part throughout the lifecycle of a struggling company. While Johnson Controls was an initial suitor for A123′s assets, the Wanxiang Group is also now inserting itself into the bankruptcy proceeding.

    Filed under:
    USA, Insolvency & Restructuring, Intellectual Property, Foley & Lardner LLP
    Authors:
    J. Steven Rutt
    Location:
    USA
    Firm:
    Foley & Lardner LLP
    Don’t place blind reliance on boilerplate contract provisions
    2012-10-18

    After putting all of the specific deal points into a new contract, you are just about finished.  All you have to do now is add in the “Miscellaneous” section with all of your boilerplate provisions like force majeure, choice of law and a few others.  You have drafted so many contracts for so many years that you do not even know where some of the

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Burns & Levinson LLP
    Authors:
    Shepard Davidson
    Location:
    USA
    Firm:
    Burns & Levinson LLP
    “Vacuous” landlord lien claim: there are limits to advocacy
    2012-10-18

    Huntington Nat’l Bank v. Bruinsma (In re Kentwood Pharmacy, L.L.C.) 478 B.R. 602 (Bankr. W.D. Mich. 2012) –

    Filed under:
    USA, Michigan, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Debtor, Landlord, Personal property, Common law
    Location:
    USA
    Firm:
    Troutman Pepper
    Commercial financial services brief: low income tax credits must be included in debtor’s plan valuation
    2012-10-18

    In what it described as a novel issue of law in the Eighth Circuit (the Federal Circuit including Minnesota and North Dakota), the United States Bankruptcy Appellate Panel (BAP) for the Eighth Circuit recently ruled in In re Lewis and Clark Apartments, LP that, in a valuation of the debtor’s low income housing project for purposes of its proposed Plan of Reorganization, the value of the low income housing tax credits (LIHTC) attributable to the project must be included.  While this is a result lenders involved in the LIHTC industry may have assumed, it was not settled

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Lathrop GPM, Bankruptcy, Debtor, Tax credit, Interest, Limited partnership, Eighth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
    Authors:
    Scott T. Larison
    Location:
    USA
    Firm:
    Lathrop GPM
    A closer look at the Satcon Technology bankruptcy
    2012-10-21

    On October 17, 2012, Satcon Technology Corporation and various of its subsidiaries (collectively, "Satcon") filed chapter 11 petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware.  Satcon's subsidiaries include Satcon Power Systems, Inc., Satcon Electronics, Inc., Satcon Power Systems, LLC, Satcon International and Satcon Technology.  As stated in Satcon's Declaration filed with the Delaware Bankruptcy Court (the "Decl."), Satcon provides "utility-grade po

    Filed under:
    USA, Delaware, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Renewable energy, United States bankruptcy court
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    A123 files Chapter 11
    2012-10-21

    Electric vehicle battery manufacturer A123, which received a $249 million stimulus grant from the Department of Energy, filed for Chapter 11 bankruptcy protection October 15 in the U.S. Bankruptcy Court for the District of Delaware to facilitate an agreement in which Johnson Controls will purchase its automotive business assets for $125 million. The company has drawn down roughly $131 million of its grant, and has faced problems with batteries supplied to Fisker as well as low demand for electric vehicles.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Shipping & Transport, Mintz
    Location:
    USA
    Firm:
    Mintz
    Back Yard Burgers files for bankruptcy in Delaware
    2012-10-23

    On October 17, 2012, Back Yard Burgers, Inc.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, United States bankruptcy court
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Forget about buying your way out of “cramdown” in the Ninth Circuit
    2012-10-23

    The Bottom Line:

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Bankruptcy, Debtor, Ninth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
    Authors:
    Darren Halverson
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Trademark licensees do not need the protection of Section 365(n) to continue to use property post-rejection
    2012-10-23

    The Bottom Line:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, Kramer Levin Naftalis & Frankel LLP, Bankruptcy, Debtor, Seventh Circuit
    Authors:
    David Allen
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    SEC brings offering fraud action centered on collapsing real estate business
    2012-10-23

    The Commission brought an offering fraud action against two long time residential real estate businessmen, Thomas S. Mulholland and James C. Mulholland, Jr. The two defendants had been in the residential real estate business since the 1990s. By 2008 they had raised about $16 million from investors. Thomas and James Mulholland had about 300 properties and apartment building units.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Dorsey & Whitney LLP
    Authors:
    Thomas O. Gorman
    Location:
    USA
    Firm:
    Dorsey & Whitney LLP

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