A seller of goods who enjoys a casual relationship with a buyer — without adhering to strict documentation and enforcement standards — can find itself in dire straits in the event of that buyer’s insolvency.
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In Franchise Servs. of N. Am. v. U.S. Trs. (In re Franchise Servs. of N. Am.),[1] the Fifth Circuit Court of Appeals, on direct appeal from the U.S.
Editor's Note: ABI's latest video podcast features ABI Deputy Executive Director Amy Quackenboss talking with David R. Kuney of Whiteford Taylor Preston (Washington, D.C.).
When a firm files for bankruptcy, someone loses a financial investment. Whether the filing is chapter 7 or chapter 11, creditors may get only a portion of a return (or none) of their investment, and investors may well lose their entire investment. However, filing for bankruptcy does not mean that a firm goes out of business.
May chapter 13 plans prioritize payments to debtors’ attorneys over secured creditors? Bankruptcy courts are divided, and two recent decisions have widened the gap.
From taxation to securities, the ownership and sale of Bitcoin and other cryptocurrency is subject to a complex patchwork of federal laws. Tax, securities, commodities and anti-money laundering regulations may apply to those who engage in cryptocurrency transactions as a consumer, business enterprise or investor.
Editor’s Note: The following article, “From Sunbeam to In re Tempnology: Solving the Trademark Puzzle with a Burden-Shifting Framework” won the prize for second place in the Tenth Annual ABI Bankruptcy Law Student Writing Competition. Mr.
In the recent case of Mission Product Holdings Inc. v. Tempnology LLC,[1] the U.S. Court of Appeals for the First Circuit added to the already uncertain fate of trademark licenses in bankruptcy cases.
Editor’s Note: The following article, “Spanish Peaks’ Reinvigoration of the Precision Industries Debate: Rejection in the Context of a § 363 Sale Free and Clear of Commercial Leasehold Interests” won the prize for third place in the Tenth Annual ABI Bankruptcy Law Student Writing Competition. Mr.
This article examines certain key provisions in asset-purchase agreements that practitioners will want to pay attention to when purchasing assets in bankruptcy sales.
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