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Happy Thanksgiving: in case you’re wondering, the automatic stay protects cranberries, too!

  • Weil Gotshal & Manges LLP
  • -
  • USA
  • -
  • November 26 2014

Thanksgiving is the quintessential American holiday. Many go to great lengths to ensure that their Thanksgiving dinner table is replete with all of

Private equity firm held not responsible for portfolio company’s failure to provide adequate notice under WARN Act

  • Weil Gotshal & Manges LLP
  • -
  • USA
  • -
  • November 26 2014

In Czyzewski v. Sun Capital Partners, Inc., the United States District Court for the District of Delaware affirmed a Bankruptcy Court determination

New Jersey bankruptcy court upholds trademark licensees' rights to use trademark despite licensor's bankruptcy

  • Duane Morris LLP
  • -
  • USA
  • -
  • November 26 2014

In In re Crumbs Bake Shop, Inc., No. 14-24287 (Bankr. D.N.J., Oct. 31, 2014), Judge Michael B. Kaplan of the U.S. Bankruptcy Court for the District

Loan to own: a potpourri of bankruptcy attacks

  • Pepper Hamilton LLP
  • -
  • USA
  • -
  • November 25 2014

Three affiliated debtors (RMI, CBTC and CBI) proposed a plan of reorganization that, among other things, required transfer of the collateral

Ninth Circuit BAP reluctantly holds that a state court civil contempt proceeding is not subject to the automatic stay, following Ninth Circuit Court of Appeals precedent under the Bankruptcy Act

  • Holland & Hart LLP
  • -
  • USA
  • -
  • November 25 2014

Citing Ninth Circuit precedent from cases under the Bankruptcy Act, the Ninth Circuit BAP reluctantly held that a pre-petition state court civil

New Jersey Bankruptcy Court extends unusual protection to trademark licensees under Section 365(n)

  • Foley & Lardner LLP
  • -
  • USA
  • -
  • November 25 2014

A recent Bankruptcy Court decision in New Jersey took an unusual approach in determining the rights of the debtors’ trademark licensees following the

Interest in an LLC: property or a contractual right? You decide (but we are warning you the stakes are high)!

  • Weil Gotshal & Manges LLP
  • -
  • USA
  • -
  • November 25 2014

Should a membership agreement governing a debtor’s interest in an LLC be treated as property of the estate or an executory contract? Equally, should

Law firm “clawback” suit goes to Ninth Circuit

  • Greenberg Glusker Fields Claman & Machtinger LLP
  • -
  • USA
  • -
  • November 24 2014

Bankruptcy Judge Dennis Montali in San Francisco said last week that he will allow a direct appeal to the Ninth Circuit from one of his rulings in

Second Circuit extends equitable mootness doctrine to Chapter 11 liquidations

  • Debevoise & Plimpton LLP
  • -
  • USA
  • -
  • November 24 2014

In In re BGI, Inc. fka Borders Group, Inc.,1 the Second Circuit recently held that the doctrine of equitable mootness a doctrine that

In re: Restivo Auto Body, Inc. - 4th Circuit rules executed but unrecorded security interest has priority over IRS tax lien

  • McGuireWoods LLP
  • -
  • USA
  • -
  • November 21 2014

On October 31, 2014, the U.S. Court of Appeals for the 4th Circuit interpreted Maryland law in ruling that a bank's security interest in a Chapter 11