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Bankruptcy Process and Procedure

Contractual Reasonableness May Override the Bankruptcy Code’s Exception for “Applicable Law” in IP Contracts

The Hawaii Bankruptcy Court’s ruling in In re Minesen Co. [1] is a cautionary tale of how seemingly innocuous contract language can have unintended consequences — effectively waiving applicable nonbankruptcy law and overriding contract language to allow assignment without counterparty consent. Well-established federal law protects certain contracts (commonly IP contracts) from being assigned in a chapter 11 or other bankruptcy proceeding without counterparty consent.

ABCs of State Preference Defense: One of These Things Is Not Like the Other

Following decisions in 2021 from both the Delaware District Court and the Southern District of New York rejecting the Ninth Circuit’s controversial Sherwood Partners decision, [1] it appears that rumors of ABC state preference actions’ deaths have been greatly exaggerated. [2] State preference actions are indeed alive and well.

In re Murray Energy Holdings Co.: BAP Hands Down Critical Practice Pointer on Defective Notices of Appeal

According to most courts, the failure to file a timely notice of appeal under Bankruptcy Rule [1] 8002 deprives the appellate court of subject-matter jurisdiction. [2] And even those courts holding that the deadline is not jurisdictional still hold that the deadline is mandatory. [3]

Appealability of Discovery Orders Under Chapter 15

On March 7, 2022, the U.S. Supreme Court in Estate of Omar Fontana v. ACFB Administração Judicial Ltda.-ME, No. 21-828 (U.S. Mar. 7, 2022), denied a petition for review of a decision by the Eleventh Circuit, In re Transbrasil S.A. Linhas Aéreas, 860 Fed. Appx 166 (11th Cir. 2021). The Eleventh Circuit held that an order denying a motion for a protective order to shield parties from discovery subpoenas in a chapter 15 proceeding was interlocutory and thus not final and appealable. [1]

Monday, July 10, 2017
Article Tags
Bankruptcy Process and Procedure
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Finance and Banking
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member
Monday, June 19, 2017
Article Tags
Bankruptcy Process and Procedure
Claims
Bankruptcy Litigation
Fraud
Professional Compensation/Fees
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Monday, February 2, 2015
Article Tags
Bankruptcy Process and Procedure
Court Administration
Plan Confirmation
Business Reorganization
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Monday, February 2, 2015
Article Tags
Bankruptcy Process and Procedure
Asset Sales
Court Administration
Business Reorganization
Hospitality, Entertainment Venues and Gaming
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Thursday, January 29, 2015
Article Tags
Bankruptcy Process and Procedure
Valuation
Business Reorganization
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Thursday, January 29, 2015
Article Tags
Bankruptcy Process and Procedure
Claims
Bankruptcy Litigation
Finance and Banking
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member
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