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Where do your interests lie under Chapter 15 of the Bankruptcy Code?

Mintz Levin Cohn Ferris Glovsky and Popeo PC
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USA
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April 30 2013

When doing business with a foreign company, it is important to identify the company's "center of main interests" ("COMI") as creditors may find

To release or not to release if that is the question, what is the answer?

Mintz Levin Cohn Ferris Glovsky and Popeo PC
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USA
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April 5 2013

In a recent decision by the Bankruptcy Court for the District of Delaware, the court adopted a flexible approach to consensual third party releases

An insider’s guide to evading absolute priority? Seventh Circuit: new value competition requirements apply to insiders

Mintz Levin Cohn Ferris Glovsky and Popeo PC
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USA
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March 7 2013

In Chapter 11 bankruptcy cases, the absolute priority rule requires a debtor's creditors be paid in full before equity investors receive any value

AMR decision highlights bankruptcy court split on enforceability of ipso facto clauses

Mintz Levin Cohn Ferris Glovsky and Popeo PC
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USA
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February 20 2013

A recent ruling in the American Airlines bankruptcy case enforcing an automatic acceleration upon bankruptcy provision serves as a reminder that the

How does bankruptcy affect rights under an agreement not to sue on patents?

Mintz Levin Cohn Ferris Glovsky and Popeo PC
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USA
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January 15 2013

When a debtor rejects an executory contract, Section 365(n) of the Bankruptcy Code allows a licensee of intellectual property to retain certain

Michigan emergency manager bill signed into law

Mintz Levin Cohn Ferris Glovsky and Popeo PC
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USA
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January 2 2013

This is a follow up to our recent blog post discussing then pending Michigan legislation known as the "Local Financial Stability and Choice Act" or Public

Bankruptcy abroad - US creditors' rights remain relevant in Chapter 15

Mintz Levin Cohn Ferris Glovsky and Popeo PC
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USA
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December 20 2012

With an increasing number of businesses operating without regard to borders in today's global economy, the importance of understanding Chapter 15 &mdash

Detroit's "fiscal cliff" and Michigan's response

Mintz Levin Cohn Ferris Glovsky and Popeo PC
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USA
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December 13 2012

Detroit’s increasingly distressed financial condition has created a dynamic and rapidly evolving situation where the potential of a Chapter 9 filing appears to be the subject of renewed discussion and legislative attention

A123 files Chapter 11

Mintz Levin Cohn Ferris Glovsky and Popeo PC
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USA
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October 21 2012

Electric vehicle battery manufacturer A123, which received a $249 million stimulus grant from the Department of Energy, filed for Chapter 11 bankruptcy protection October 15 in the U.S. Bankruptcy Court for the District of Delaware to facilitate an agreement in which Johnson Controls will purchase its automotive business assets for $125 million

Stern v. Marshall: what does it really mean?

Mintz Levin Cohn Ferris Glovsky and Popeo PC
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USA
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July 24 2012

Since it was decided in June 2011, countless scholars and courts have weighed in on the impact and implications of the Supreme Court’s seminal opinion in Stern v. Marshall

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