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ABI is pleased to announce your 2008-2009 co-chairs, as well as the addition of five new leadership positions.  These new positions are a result of your feedback regarding opportunities for involvement and advancement in the association.  The first position is that of the Education Director, who will assist the chairs in coordinating and administering the educational programs each year at the Annual Spring Meeting and the Winter Leadership Conference, as well as any other educational projects.  The second pos

"When a debtor files for bankruptcy, it is often because numerous creditors are asserting competing interests in whatever assets the debtor may have. A debtor may have pledged its inventory and manufacturing equipment as collateral for an operating loan from the bank. The same manufacturing equipment may be encumbered by a purchase money security interest from the equipment vendor. The landlord may also have taken a blanket lien on the debtor’s assets as security for the lease.

In this turbulent economy, many companies with valuable intellectual property assets may soon be seeking bankruptcy protection. Unfortunately, the intersection of our nation's lending laws and the federal laws affecting intellectual property rights is complex and still somewhat murky.

Please note that this article was created in cooperation with the Commercial Fraud Task Force committee.

This article is the second in a series of articles discussing 363(n) and collusion in bankruptcy sales. It will discuss the fine line between collusion and collaboration, and will explore the application of the specific elements of a 363(n) action.

Please note that this article was created in cooperation with the Commercial Fraud Task Force committee.

Historically, a credit bid in a chapter 11 asset sale pursuant to 11 U.S.C. §363 has frequently been viewed as a "nonsale" event, and the creditors of the debtor-in-possession (DIP) did not feel an obligation to pay an investment banker, business broker, real estate broker or auctioneer (the professional) a commission and/or fee for that result.

The committee met at the Winter Leadership Conference at the Westin Mission Hills Resort in Rancho Mirage, Calif., on Dec. 8, 2007. Conducting the meeting on behalf of the Asset Sales Committee was Weston Anson and Daryl Martin of CONSOR.

The committee met at the Winter Leadership Conference at the Westin Mission Hills Resort in Rancho Mirage, Calif., on Dec. 8, 2007. Conducting the meeting on behalf of the Asset Sales Committee was Weston Anson and Daryl Martin of CONSOR.

The Eleventh Circuit’s recent decision in the Thompkins case provides a graphic illustration of how bad things can happen to copyright holders who do not factor in the potential bankruptcy of another contracting party. ¹ The facts presented a nightmare scenario for the recording artist, Jeffrey Thompkins, who performed under

The 2005 amendments to the Bankruptcy Code have been the source of much controversy. The “patient care ombudsman,” a new position created in health care bankruptcies, however, is one addition that has received little attention in the press. Congress added the position in the newly-codified §333 of the Code.