Searching Content indexed under Insolvency/Bankruptcy by Cooley LLP ordered by Published Date Descending.
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United States
23 May 2019
Supreme Court: Trademark Licenses Survive Bankruptcy
The Bankruptcy Court approved the rejection and held that the rejection terminated Mission Product's right to use the marks.
United States
22 May 2019
Official Bankruptcy Forms Revised To Reflect April 1, 2019 Dollar Amount Adjustments Now In Effect
As discussed in an earlier post called "Moving Up: Bankruptcy Code Dollar Amounts Will Increase On April 1, 2019," various dollar amounts in the Bankruptcy Code and related statutory provisions were increased for cases filed on or after today, April 1, 2019.
United States
3 Apr 2019
Today's Supreme Court Oral Argument In Tempnology Is Over And Here's What We Learned
In short, those looking for a clear signal how the Court will rule are going to be disappointed.
United States
22 Feb 2019
Moving Up: Bankruptcy Code Dollar Amounts Will Increase On April 1, 2019
Other adjustments will affect consumers more than business debtors.
United States
19 Feb 2019
Rejection Time: On February 20th The Supreme Court Hears Oral Argument On The Big Question In The Tempnology Case — Does A Trademark Licensee Lose Its Rights Upon Rejection?
The Big Question. What is the effect of rejection of a trademark license by a debtor-licensor? Over the past few years, this blog has followed the Tempnology case out of New Hampshire raising just that issue.
United States
14 Feb 2019
Amendments To The Federal Rules Of Bankruptcy Procedure Take Effect December 1, 2018
Almost every year amendments are made to the rules that govern how bankruptcy cases are managed — the Federal Rules of Bankruptcy Procedure.
United States
30 Nov 2018
Safe Harbor Rule Narrowed: Supreme Court Opens Door For Possible Avoidance Of Previously Protected Transactions
Last week, the Supreme Court cast the future applicability of the section 546(e) safe harbor into considerable doubt.
United States
15 Mar 2018
Morgan Stanley Now Predicts A Recession For U.S. Economy
Morgan Stanley has became the first major Wall Street firm to predict that the U.S. economy will fall into recession. In an article entitled "Recession Coming," Morgan Stanley economists Richard Berner and David Greenlaw forecast that the U.S. economy will suffer a mild recession in 2008:
United States
11 Dec 2007
Delaware Bankruptcy Court Opts Out Of Newly Amended Rule 3007´s Procedures For Omnibus Claim Objections
As described in a post earlier this week, one of the major changes made by the articles/business-bankruptcy-issues/dont-miss-the-important-business-bankruptcy-rule-amendments-that-just-took-effect new amendments to the Federal Rules of Bankruptcy Procedure that took effect on December 1, 2007 was the inclusion of limits on the use of omnibus claim objections.
United States
5 Dec 2007
How The Credit Crunch May Affect Corporate Debt Refinancings And Bank Lending
The Economist has two new articles on how the current troubles in the credit markets may impact the broader economy. The first is on the topic of "Business and the Credit Crunch."
United States
27 Nov 2007
Assumption Of Trademark Licenses In Bankruptcy: An Update On The N.C.P. Marketing Case
Over a year ago, I posted on a first of its kind decision in "In re: N.C.P. Marketing Group, Inc.", 337 B.R. 230 (D.Nev. 2005), in which the U.S. District Court for the District of Nevada held that trademark licenses are personal and nonassignable absent a provision in the trademark license to the contrary. Click
United States
9 Nov 2007
Merrill Lynch Comments On The Current U.S. Economy´s Striking Similarities To The Late 1980s
Merrill Lynch economists David Rosenberg and Neil Dutta have prepared a fascinating analysis comparing a number of current economic indicators with those from the late 1980s.
United States
31 Oct 2007
New Article Tackles Whether Unsecured Creditors Should Be Able To Recover Post-Petition Attorney´s Fees, The Question Left Open By The Travelers Decision
When the U.S. Supreme Court overruled the Ninth Circuit's so-called “Fobian” rule in the “Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co.” decision in March 2007, it left for another day the question of whether unsecured creditors could recover post-petition attorney's fees incurred during the course of the bankruptcy case.
United States
29 Oct 2007
The Terrible Twos? A Look At BAPCPA´s Impact On Business Bankruptcy Cases At Its Second Anniversary
Tomorrow, October 17, 2007, marks the second anniversary of the effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, known as BAPCPA.
United States
18 Oct 2007
The Bull Rips A Hole In The Matador´s Cape: New Ninth Circuit Decision Limits Reach Of Section 502(b)(6)´s Landlord Cap
A commercial real estate lease often represents the largest single liability of many debtors. For retailers, which typically have scores or even hundreds of store leases, the liability involved is orders of magnitude larger.
United States
4 Oct 2007
PIMCO´s Bill Gross On Home Prices, Changes In The Credit Markets, And Their Impact On The Fed´s Future Rate Decisions
Bill Gross, Managing Director at Pacific Investment Management Company LLC, known as PIMCO, has some interesting comments on the credit markets, housing prices, the economy, and how the Federal Reserve should respond.
United States
2 Oct 2007
Ordinary Course Preference Case Takes Extraordinary Turn: Ninth Circuit Strikes Down Local Bankruptcy Rule On Jury Trials
Preference lawsuits are filed all the time in bankruptcy cases and the ordinary course of business defense is frequently asserted.
United States
28 Sep 2007
S&P Warns A Big Increase In Debt Defaults Is Coming
In an article entitled "Defaults wave to hit corporate US," the Financial Times reports that Standard & Poor's is predicting that $35 billion in corporate debt will go into default by the end of 2008. This is similar to the view taken by Moody's, reported in a recent post.
United States
20 Sep 2007
Another Court Follows The Footstar Decision On Assumption Of IP Licenses In Bankruptcy
Intellectual property licenses continue to be significant to companies across a wide range of industries. This fact makes their treatment in business bankruptcy cases a topic of keen interest.
United States
13 Sep 2007
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