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Bankruptcy claims vs. class actions: Southern District of New York finds class action process superior

Baker & Hostetler LLP
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USA
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May 1 2013

In bankruptcy proceedings, is a class action superior to the claims administration process as a vehicle for resolving claims under the federal and

Seventh Circuit reaffirms absolute-priority rule in In Re Castleton Plaza, LP

Baker & Hostetler LLP
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USA
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February 25 2013

Can an equity investor who directs an insider to contribute "new value" to a debtor under a plan of reorganization, so as to retain his interest in

Pledges by debtors to nonprofits may not be enforceable after bankruptcy

Baker & Hostetler LLP
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USA
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December 6 2012

Is a bankrupt pledgor legally bound to fulfill its promise to pledge a gift; or will a nonprofit have a successful claim against a pledgor if there is a subsequent failure to make payment because of a bankruptcy filing?

The need for careful diligence in drafting license agreements reinforced by Eighth Circuit affirmation that a perpetual, royalty-free trademark license is an “executory contract”

Baker & Hostetler LLP
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USA
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November 12 2012

One of the most powerful tools a chapter 11 debtor has is the ability to assume or reject executory contracts under section 365 of the Bankruptcy Code

A (sun)beam of hope for trademark licensees in bankruptcy court

Baker & Hostetler LLP
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USA
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August 23 2012

In a recent decision authored by Chief Judge Easterbrook, the United States Court of Appeals for the Seventh Circuit (Sunbeam Products, Inc. v. Chicago American Manufacturing, LLC, Docket No. 11-3920 (7th Cir. July 9, 2012)) held that the licensee of a trademark does not necessarily lose the right to use the licensed marks when a debtor-licensor rejects the underlying license agreement in its bankruptcy case

Supreme Court protects the right of secured lenders to credit bid Radlax Gateway Hotel, LLC v. Amalgamated Bank

Baker & Hostetler LLP
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USA
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July 2 2012

In 2009, the owners and management of The Philadelphia Inquirer, one of the nation's largest daily circulation newspapers, proposed a bankruptcy plan that attacked secured creditors' rights to bid their loans

Madoff trustee successfully stops two class actions from proceeding

Baker & Hostetler LLP
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USA
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June 22 2012

Baker Hostetler serves as court-appointed counsel to Irving H. Picard, SIPA Trustee for the liquidation of Bernard L. Madoff Securities LLC (“BLMIS”

Reimbursement of creditors' attorneys' fees in Chapter 11 cases

Baker & Hostetler LLP
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USA
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April 19 2012

Bankruptcy cases can be expensive affairs not only for the debtor, but also for creditors trying to obtain payment on their claims

No "whole enterprise" presumption for real estate bankruptcy cases

Baker & Hostetler LLP
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USA
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April 10 2012

Oftentimes in bankruptcy, when one entity files for bankruptcy relief, the subsidiaries or affiliates also file

Madoff trustee victorious in enjoining competing class actions

Baker & Hostetler LLP
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USA
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March 27 2012

In December 2010, the Trustee obtained a $5 billion settlement for BLMIS customers with allowed claims

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