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The Bankruptcy Code, in its current form, anticipates the inclusion of intellectual property (IP) within the property of an estate. Not only is IP defined [1] in the Bankruptcy Code, it is also explicitly considered in terms of executory contracts. [2] While “executory contract” is not specifically defined in the Code, the U.S.

How do you show that a legal entity acted with intent to defraud its creditors for purposes of an avoidance action asserted under Bankruptcy Code § 548(a)(1)(A)? After all, legal entities themselves cannot form an intent; they can only act through their officers, directors or agents. In an action to avoid a fraudulent transfer, courts determine the transferring legal entity’s intent by imputing the intent of its agents to the legal entity.

Since its inception, subchapter V of chapter 11 has been lauded for providing a streamlined path through chapter 11 for smaller chapter 11 debtors without many of the costs associated with “traditional” chapter 11 cases. But before a debtor can elect subchapter V treatment and take advantage of these benefits, the debtor must have less than $7.5 million in total noncontingent, liquidated debts (both secured and unsecured).

As we near the end of 2023, we are pleased to step back and highlight the work performed by the Young and New Members Committee over the past year. We have loved working with our committee leaders and are truly grateful for their time and commitment to ABI.

In the realm of digital finance, economics and behavior, a peculiar phenomenon has emerged — one that stirs emotions, challenges conventions, and sometimes leaves us questioning the sanity of it all. For far too long, it seems, emperors with no clothes have danced their deceptive jig before a diverse audience, from seasoned investors to hopeful novices.

Intellectual property (IP) is a type of intangible asset held by businesses. It includes trademarks, patents, copyrights and more. Compared to tangible assets, identifying and calculating the value of intangible assets can be much more complex. When properly identified and valued, these assets help in creating or maintaining corporate value.

When a deadline falls on a weekend or a holiday, Federal Rule of Civil Procedure 6 (and its analogues Federal Rule of Bankruptcy Procedure 9006 and Federal Rule of Appellate Procedure 26) does not apply if the deadline is not calculated. In other words, if the court order states the deadline as a specific date, that date is the deadline, and it does not matter if it falls on a holiday. This is confirmed by the advisory committee’s note to the 2009 amendment: “The time-computation provisions of subdivision (a) apply only when a time period must be computed.