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Results: 1-10 of 95

“Never say never”: lessons from Radioshack’s sale of customer information
  • Morrison & Foerster LLP
  • USA
  • July 15 2015

When a bankrupt company’s most valuable assets include consumer information, a tension arises between bankruptcy policy aimed at maximizing asset


UCC Standing Blocked in Recent Sabine Decision
  • Morrison & Foerster LLP
  • USA
  • April 27 2016

What showing must creditors make to be granted the right to prosecute claims on behalf of the bankruptcy estate? Under the widely recognized standard


Social media assets in bankruptcy: Facebook and Twitter accounts subject to reach of creditors
  • Morrison & Foerster LLP
  • USA
  • May 6 2015

Social media accounts can be "property of the estate" in a bankruptcy case of a business, and thus belong to the business, even when the contents of


Cases we’re watching: CFPB v. Morgan Drexen
  • Morrison & Foerster LLP
  • USA
  • March 3 2015

We don't know about you, but we've been following the contentious litigation between the Consumer Financial Protection Bureau (CFPB) and debt-relief


Ambac seeks bankruptcy court approval of settlement with government resolving dispute arising out of tax treatment of credit default swaps
  • Morrison & Foerster LLP
  • USA
  • April 30 2013

On April 9, 2013, Ambac Financial Group, Inc. ("Ambac") submitted a proposed settlement with the United States to the U.S. Bankruptcy Court for the


Lehman waterfall application and Game Station decision
  • Morrison & Foerster LLP
  • USA
  • March 18 2014

In another judicial decision springing from Lehman Brothers, as a result of the likely surplus in the estate of Lehman Brothers International


Stern revisited: big questions remain unresolved
  • Morrison & Foerster LLP
  • USA
  • June 19 2014

In its recent decision, Executive Benefits Insurance Agency v. Arkison (In re Bellingham Insurance Agency, Inc.),1 the Supreme Court reiterated and


Buyer beware: Third Circuit confirms claims are subject to disallowance despite sale to third party
  • Morrison & Foerster LLP
  • USA
  • December 5 2013

The Third Circuit in In re KB Toys, Inc. recently affirmed a decision of the Delaware District Court, holding that trade claims are subject to


Second Circuit to lenders: get your UCC filings right
  • Morrison & Foerster LLP
  • USA
  • February 5 2015

On January 21, 2015, the U.S. Court of Appeals for the Second Circuit issued an opinion regarding a mistaken UCC-3 termination statement that all loan


Supreme Court resolves conflict in circuit courts regarding credit bidding
  • Morrison & Foerster LLP
  • USA
  • May 29 2012

On May 29, 2012, the United States Supreme Court resolved a split among the federal courts of appeals on an important bankruptcy issue, agreeing with arguments Morrison & Foerster advanced on behalf of Amalgamated Bank