Features

Trustee Litigation Trend: Tuition Clawback
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.
Features

Case on 'Coolcore' Marks Settles a 34 Year Debate Regarding Bankruptcy and IP Law
The U.S. Supreme Court issued its long-awaited decision in <i>Mission Product Holdings, Inc. v. Tempnology </i>, ruling that a trademark licensee can retain its rights under a trademark license agreement that is rejected by the licensor as an executory contract in bankruptcy.
Features

Civil Contempt for Discharge Injunction Violations: A New Standard That Brings the 'Old Soil' with It
In its recent opinion in <i>Taggart v. Lorenzen,</i> 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.
Features

Let Freedom (of Contract) Ring: Yellowstone Waivers Are Enforceable
This is the third in a series of articles exploring whether parties to a commercial lease can contractually waive a tenant's right to seek a Yellowstone injunction. In a recent ruling, the Court of Appeals, in 159 MP Corp. v Redbridge Bedford, LLC, left no doubt that a contractual waiver of a right to seek a declaratory judgment and/or a Yellowstone injunction in a commercial lease is enforceable.
Columns & Departments
Co-ops & Condominiums
Merger Doctrine Precludes Unit Owner's Action Against Sponsor
Columns & Departments
Landlord & Tenant
Stay of Warrant of Eviction Constitutes Reasonable Accommodation Under Fair Housing Act
Columns & Departments
Real Property Law
Statute of Limitations Does Not Bar Foreclosure<br>Mortgage on Church Property Not Properly Authorized<br>Sale Contract Precludes Fraud Claim<br>Seller's Representations Did Not Survive Closing<br>Foreclosure Action Time Barred<br>Mortgagor Fails to Establish Forgery<br>Mortgagee May Bring Action on Promissory Note; Not Limited to Foreclosure Remedy<br>Summary Judgment Denied In Action to Set Aside a Deed for Fraud
Features

Takeaways from the Recent Qualcomm Decision
The DOJ's intervention, and the judge's ultimate decision, has exposed tensions between the DOJ and FTC, and within the FTC itself, and public scrutiny is far from over as the case heads to the Ninth Circuit on appeal.
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- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission 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."Read More ›
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