Substantial Contribution Claims
February 23, 2010
Where a creditor retains a professional to advance a particular position in a Chapter 11 case whose efforts result in the making of a substantial contribution to the case, such creditor can potentially get reimbursed for all of its out-of-pocket expenses, including for reasonable compensation for professional services rendered.
Defending the Preference and Fraudulent Transfer Safe Harbor
February 23, 2010
As shown in this article, some lower courts have inconsistently enforced the safe harbor provisions in the preference and fraudulent transfer context, generating costly litigation for the asserted cause of creditor recovery.
On the Move
January 26, 2010
Who's going where; who's doing what.
The Treatment of Intellectual Property Under Bankruptcy Law
January 26, 2010
As the economy contracts and many companies are facing bankruptcy, a key question concerns the status of the IP that may have been assigned, transferred, sold or licensed if one of the parties to the transaction declares bankruptcy. This article discusses the issue.
Credit (Bid) Where Credit's Due
January 25, 2010
This article concludes last month's article on the ability of a secured creditor to credit bid its claims at a sale under ' 363(k) or ' 1129(b)(2)(A)(ii).
The Intersection of Receiverships and Bankruptcy
January 25, 2010
The intersection of bankruptcy and federal and state receiverships has become a fairly regular occurrence around the country. Cases from Florida, Georgia, Minnesota, New York and Oregon evidence that such incidents are taking place all across the country. There is a tension reflected in some of the cases between the primacy of the orderly and well-developed bankruptcy structure as compared with the much less structured alternative of receivership proceedings.
Restructuring in Canada
December 17, 2009
This article is an attempt to familiarize American readers with some of the nuances and new amendments you may encounter if you are involved in a Canadian insolvency situation.
Post-Bankruptcy Legal Fees
December 17, 2009
Lenders, financial advisers, accountants, indenture trustees and other professionals who bargain for reimbursement of their legal fees should be reassured by <i>Ogle v. Fid. & Deposit Co. of Md.</i> Here's why.
Credit (Bid) Where Credit's Due
December 17, 2009
This two-part article focuses on two issues that are the subject of recent court decisions. Herein: a majority group of secured lenders under a credit facility "dragging along" the minority group into a credit bid under ' 363(k).
Corporate Mergers and the Transferability of Software Licenses
November 30, 2009
Anti-assignment clauses are typically inserted into license agreements to preclude the introduction of an unwanted third party into the parties' relationship, giving the licensor more control over its valuable property and with whom it ultimately does business. In the context of software licenses, ordinarily a court will apply state law to contractual disputes, but federal law pre-empts state law concerning questions of copyright law or policy, which include the assignability of non-exclusive agreements.
