Second Circuit makes challenging implemented plans more difficult *

USA - March 20 2013
Last Fall, the United States Court of Appeals for the Second Circuit issued a decision in the Charter Communications bankruptcy case which will…

Can a claims purchaser acquire claims free of defects? *

USA - June 22 2012
The Delaware bankruptcy court in the KB Toys, Inc. cases recently held that a claims purchaser takes a claim subject to certain disabilities of the claim as held by the seller, regardless of whether the claim transfer is deemed a “sale” or an “assignment.”

Lehman Brothers: another derivatives dispute resolved in favor of Lehman *

USA - May 23 2011
In a decision entirely consistent with its ruling in the "Perpetual" adversary proceeding last year, on May 12, 2011, the United States Bankruptcy Court in the Lehman chapter 11 cases endorsed a strict interpretation of certain Bankruptcy Code provisions to the benefit of Lehman, which will result in Lehman having more leverage in its negotiations with derivatives counterparties.

Glimmers of hope for trademark licensees *

USA - August 18 2010
For decades, trademark licensees have been treated as second-class citizens relative to licensees of other intellectual property in bankruptcy cases of the related licensor.