• Features

    Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of Licensee

    Mark Page

    Mission Product Holdings, Inc. v. Tempnology, LLC

    The question is whether a debtor’s rejection of its agreement granting a license “terminates rights of the licensee that would survive the licensor’s breach under applicable nonbankruptcy law.”

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  • Features

    Trustee Litigation Trend: Tuition Clawback

    Theresa A. Driscoll

    With increasing frequency, Chapter 7 trustees are looking to insolvent parents as well as colleges and universities to avoid and recover for estate creditors payments made by insolvent debtors for the benefit of the debtors’ dependents. These cases are premised on the theory that the tuition payments being made by insolvent parents for the benefit of their children are avoidable as constructively fraudulent transfers because the parents do not receive reasonably equivalent value in exchange for the payment of such tuition. Courts are divided as to whether the payment of a child’s tuition provides reasonably equivalent value to the insolvent parents.

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  • Features

    Civil Contempt for Discharge Injunction Violations: A New Standard That Brings the ‘Old Soil’ with It

    Stephanie Lieb and Dana Robbins

    In its recent opinion in Taggart v. Lorenzen, the Supreme Court decided that “[a] court may hold a creditor in civil contempt for violating a discharge order if there is no fair ground of doubt as to whether the order barred the creditor’s conduct.” Although this standard appears to be new, it is more than a century old and “brings the old soil” from civil contempt with it.

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