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1
New UNCITRAL Model Law To Facilitate Cross-Border Restructuring And Insolvency
UNCITRAL has adopted and published a second model law to promote universalism of restructuring and insolvency.
Worldwide
19 Nov 2018
3
N.D. Ill. Applies "Competent Lawyer" Standard To Dismiss FDCPA Claims Based On Collection Letter Sent To Consumer's Attorney
The Northern District of Illinois recently held that a collection letter sent to a consumer's attorney seeking payment on a debt discharged in bankruptcy did not violate the Fair Debt Collection Practices Act based on the "competent lawyer" standard.
United States
14 Nov 2018
4
Trademarks And Bankruptcy Revisited
Over a year ago, we wrote about the intersection between trademarks and bankruptcy. Specifically, we described a scenario in which a licensor files bankruptcy and chooses to ‘reject' the license...
United States
14 Nov 2018
5
Not So High on Bankruptcy – Limited Options For Medical Marijuana Companies Facing Insolvency
It may be hard to believe, but it's been 22 years since California became the first state to permit the legal use of medical marijuana.
United States
13 Nov 2018
6
Horizontal Gifting Upheld In Chapter 11 Plan In The Third Circuit
A noteholder appealed, arguing, among other things, that the plan unfairly discriminated against his class of claims since other unsecured creditors in separate classes would receive 100 percent recovery.
United States
12 Nov 2018
8
Third Circuit Remands W.R. Grace Decision Concerning Plan Channeling Injunction And Insurance Providers, Providing Additional Insights For Third Parties And Claimants
The Bankruptcy Court ultimately ruled in favor of CNA, denying the Plaintiffs' motion to dismiss CNA's complaint and granting summary judgment in favor of CNA.
United States
12 Nov 2018
10
Supreme Court Agrees to Hear Trademark License Bankruptcy Dispute
The U.S. Supreme Court has agreed to hear a case addressing the effect a trademark owner's bankruptcy may have on a licensee's right to continue to use a mark licensed before the bankruptcy was filed.
United States
6 Nov 2018
11
Recent Criticism Of Cvas Raises The Question "Are They Fit For Purpose?"
In 2018, we have seen a number of high-profile retail restructurings and common to many is the use of a Company Voluntary Arrangement (CVA).
United States
31 Oct 2018
12
Will A Blue Wave Wash Away Tax Benefits For Wealthy New Yorkers?
Tax advisers have been struggling all year with how to best guide high-net-worth and business clients seeking to capture the benefit of the federal tax reform, especially its lower rates and greatly enlarged unified estate and gift exemption amount.
United States
30 Oct 2018
13
I'll Gladly Pay You Tuesday For An Ice Cream Cone Today: 11th Circuit Clarifies Availability Of "New Value" Defense In Bankruptcy Preference
Last month, the Eleventh Circuit Court of Appeals clarified the circumstances under which a creditor can assert a "new value" defense ...
United States
30 Oct 2018
14
Third Circuit Makes Clear That Plan Releases Can Extend To Post-Confirmation Acts
We have discussed plan releases in prior posts. Oftentimes, disputes involving plan releases revolve around whether, and in what contexts ...
United States
30 Oct 2018
15
The Impact Of Stern On Secured Creditors
The Court later held that bankruptcy courts could utilize the non-core procedure for submitting proposed findings of fact and conclusions of law to the district court in Stern-type cases.
United States
29 Oct 2018
16
"I'll Be Back . . . Probably": The Terminator's Conundrum
A recent decision in the In re RMH Franchise Holdings bankruptcy case pending in the District of Delaware, highlights the importance of complying ...
United States
29 Oct 2018
17
Practical Effects Of The Supreme Court's Decision Relating To Secured Creditors
Practical Effects of the Supreme Court's Decision Relating to Secured Creditors.
United States
25 Oct 2018
18
Governance & Securities Law Focus: Europe Edition - 18 October 2018
Below is a summary of the main developments in US and EU corporate governance and securities law and certain financial markets regulation developments since our last update on 20 July 2018.
European Union
22 Oct 2018
19
Stern Challenge To Third-Party Plan Releases Fails In Delaware
By the 1990s a degree of stability had been achieved, although maintained, it seemed at times, by paper clips and chewing gum.
United States
22 Oct 2018
20
Court: New Value Need Not Remain Unpaid To Limit Preference Liability
In Kaye v. Blue Bell Creameries (In re BFW Liquidation), 899 F.3d 1178 (11th Cir. 2018), the U.S. Court of Appeals for the Eleventh Circuit found that a liability for an allegedly preferential transfer may be reduced ...
United States
22 Oct 2018
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