Searching Content indexed under Insolvency/Bankruptcy/Re-structuring by Seyfarth Shaw LLP ordered by Published Date Descending.
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Licensees Can Use Trademarks Despite Licensor's Rejection Of License In Bankruptcy
The Court's ruling addresses a long-standing dispute over the trademark issue.
United States
27 May 2019
"U Can't Touch This": When A Garnished Employee Goes Bankrupt
Employers increasingly find themselves in the difficult position of deciding whether to continue garnishing an employee's wages pursuant to a garnishment order when the employee files for bankruptcy.
United States
14 May 2019
The Child Victim Act: Latest Developments As The Legislature Convenes
Seyfarth Synopsis: Democrats now control both houses of the New York Legislature as well as the Governor's office. A host of legislation may be in the offing.
United States
14 Jan 2019
Federal Court Rules That An EEOC Lawsuit Is Not Barred By Bankruptcy Code's Automatic Stay
The government's anti-discrimination watchdog can be extremely aggressive in pursuing discrimination claims, including pursuing those claims after an employer files for bankruptcy.
United States
17 Oct 2018
Restricted vs. Continuing Guaranty And The Section 727(b) Discharge
Is your guaranty restricted or continuing? A continuing guaranty gives rise to divisible individual transactions, while a restricted guaranty­—one that concerns a contemplated and specified extension of credit—
United States
21 Mar 2018
Dismissal Of "Marijuana" Bankruptcy Not Automatic As Bankruptcy Appellate Court Overturns Dismissal Of Bankruptcy Case Of Landlord Debtor With Dispensary Tenant
In a noteworthy decision, the Bankruptcy Appellate Panel for the Ninth Circuit overturned a dismissal of a bankruptcy case, which the lower court had dismissed based on its belief that the landlord debtor was...
United States
20 Mar 2018
U.S. Trustee Issues Warning To All Participants In The Cannabis Industry: Bankruptcy Relief May Not Be Available, So Don't Let Your Profits Go Up In Smoke
In a recent article, senior officials with the Department of Justice's Office of the United States Trustee (the "UST"), the federal government's watchdog of the bankruptcy system ...
United States
18 Jan 2018
John Mills Authored An Article In International Law Office
John Mills authored a June 19 article in International Law Office, "Third Circuit holds post-petition filing of New Jersey construction lien violates automatic stay."
United States
27 Jun 2017
Who Knew? An Absolute Assignment Of Rents Can Be Absolute
Sixth Circuit Determines that an Absolute Assignment of Rents Perfected Under Michigan State Law Takes Property out of a Bankruptcy Estate...
United States
15 May 2017
Third Circuit Holds That Post-Petition Filing Of NJ Construction Lien Violates The Automatic Stay
On March 30, the Third Circuit Court of Appeals filed an opinion regarding whether the filing of a mechanic's lien after the commencement of a bankruptcy case violates the automatic stay.
United States
28 Apr 2017
U.S. Supreme Court Rules WARN Claimants/Workers Must Get Priority Over Other Unsecured Creditors In Bankruptcy
A bankruptcy court overseeing an employer's Chapter 11 bankruptcy proceeding allowed the employer to pay certain unsecured creditors before paying Worker Adjustment And Retraining Notification Act...
United States
31 Mar 2017
Second Circuit Reverses Marblegate Decision
EDMC negotiated certain changes to the terms of the Secured Debt in September 2014 and, in return, EDMC agreed to guarantee repayment of the Secured Debt (the "Secured Guarantee").
United States
23 Jan 2017
Trick Or Treat? More Changes To LSTA Rules Coming Soon
On the morning of November 1st, many children (and some adults) may wake up with an upset stomach or headache from having overindulged in one form of Halloween revelry or another.
United States
9 Nov 2016
Delaware Bankruptcy Court Rules Gift Cards Not Eligible For Priority Treatment
Decision clarifies standards for priority treatment under section 507(a)(7); important implications in retail bankruptcy cases for debtors, creditors - and consumers.
United States
24 Aug 2016
District Court Reinstates Fraudulent Conveyance Claims Against Lyondell
Decision clarifies standards for imputation and actual intent; could result in clawback of over $6B to pre-LBO shareholders.
United States
11 Aug 2016
How Sports Authority's Bankruptcy Filing Impacts Landlords And Trade Creditors, And Creates Opportunities For Retailers
On March 2, 2016, Sports Authority, Inc. ("Sports Authority") and six of its affiliates filed for Chapter 11 bankruptcy in Delaware.
United States
17 Mar 2016
How Sports Authority's Bankruptcy Filing Impacts Landlords And Trade Creditors, And Creates Opportunities For Retailers
On March 2, 2016, Sports Authority, Inc. ("Sports Authority") and six of its affiliates filed for Chapter 11 bankruptcy in Delaware.
United States
10 Mar 2016
Third Circuit Allows Termination Of Expired CBA Obligations
By way of background, Trump Entertainment employs 1,467 unionized workers in the Trump Taj Mahal casino in Atlantic City, New Jersey, most of whom are represented by UNITE HERE Local 54.
United States
17 Feb 2016
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