The Duty and Benefits of Technology Competence

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  Update On Preference and Fraudulent Transfer Litigation

  By Michael L. Cook

  The appellate courts have been busy explaining or clarifying preference and fraudulent transfer law. Although novices may think the Bankruptcy Code (Code) is clear on its face, imaginative counsel have found gaps in the statute and generated rafts of litigation since the Code’s enactment in 1979. Recent appellate decisions, summarized below, show that courts are still making new law or refining prior case law.

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  Protecting a Trademark Licensor’s Rights In a Bankruptcy Case

  By Alfred S. Lurey

  A recent bankruptcy case from the District of Delaware underscores the need for a trademark licensor to be alert to filings made in its licensee’s bankruptcy case that may require prompt action by the licensor to protect its valuable rights under a license agreement.

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  Supreme Court Finds 2017 Bankruptcy Fee Increases Unconstitutional But Leaves Remedy Unclear

  By Theresa A. Driscoll

  The Supreme Court concluded that because the 2017 amendments exempted debtors located in two States, it was not “uniform” as it did not apply equally to all debtors regardless of where they were situated and, therefore, the statute was unconstitutional.

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  It May Not Be Too Late to Assume That Lease

  By Paul A. Rubin and Hanh V. Huynh

  Given the potentially harsh consequence of failing to timely assume a vital lease, a Chapter 11 debtor must be vigilant to avoid a forfeiture. It is important to know, however, that all might not be lost even if the debtor misses this deadline.

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