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The Appropriate Interest Rate Under ' 506(b)

Discussion of the ongoing battle for post-petition interest for over-secured creditors under section 506(b).

Bankruptcy Jurisdiction: From Stern to Executive Benefits, Wellness International and Beyond

By virtue of its decision in Executive Benefits and its grant of certiorari in Wellness International, the Supreme Court has demonstrated that any further clarification of its decision in Stern will come slowly and deliberately.

Further Precedent Supporting the Retention of CROs

A recent decision in the United States Bankruptcy Court for the Central District of Illinois is part of a growing trend of opinions and orders around the country allowing a debtor to retain a chief restructuring officer (CRO) under sections 105(a) and 363(b) of the Bankruptcy Code, rather than section 327(a) of the Bankruptcy Code.

The Enforceability of Make-Whole Premiums in Bankruptcy

The treatment of prepayment premiums in bankruptcy has gained substantial attention in several recent bankruptcy cases. But in a situation where the borrower has the funds to repay the loan, there is frequently a dispute between lenders and unsecured creditors or equityholders who are looking at less than a full recovery on their claims.

You Know About Fisker

TRUE or FALSE: Lienholder buys a distressed loan from original lender. Lienholder acts appropriately and reasonably at all times and lien is valid and perfected. Lienholder has an increased risk of having its credit bid limited or capped because of In re Fisker Automotive Holdings, Inc.

Dealing with Stub Rent After In re Oreck

A bankruptcy judge recently held that lessors of a debtor's corporate headquarters were not entitled to administrative expense priority under 11 U.S.C. ' 365(d)(3) for 25 days of unpaid "stub rent" for the period between the Chapter 11 petition and the first postpetition rent payment.

A Circuit Court Definitively Addresses Claims Trading

This article analyzes the Enron and KB Toys courts' treatment of the public policy issues associated with claims trading, and the implications of the KB Toys holding with respect to Financial Claims trading in the Third and other circuits.

On the Move

Who's doing what; who's going where.

Floating Ashore: An Overview of Puerto Rico's Financial Crisis and Potential Restructuring Alternatives

For the Commonwealth of Puerto Rico, as a territory of the United States, relief under Chapter 9 is not an option for solving its staggering $70 billion debt and estimated $850 million deficit for the 2014 fiscal year. Here's why.

Seventh Circuit Reads Bankruptcy Safe Harbor Broadly

An in-depth look at a recent Seventh Circuit ruling on the "safe harbor."

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When Is a Repair Structural or Nonstructural Under a Commercial Lease?
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."
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Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of Licensee
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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Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
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Recently Introduced Bill Would Limit ITC 'Domestic Industry by Subpoena'
Patent infringement disputes in the United States are not only heard in district courts. The U.S. International Trade Commission (ITC) also decides high-stakes intellectual property disputes — with the remedy for the IP rights holder not being damages, but rather an exclusion order that can block a competitor's importation of infringing articles into the U.S. That remedy can be incredibly powerful for companies engaged in stiff competition in the U.S. market.
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