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831 published works
In The (Red)®
Moving Up: Bankruptcy Code Dollar Amounts Will Increase On April 1, 2019
An official notice from the Judicial Conference of the United States was just published announcing that certain dollar amounts in the Bankruptcy Code will be increased about 6.2% this time for new…
In The (Red)®
Rejection Time: On February 20th The Supreme Court Hears Oral Argument On The Big Question In The Tempnology Case — Does A Trademark Licensee Lose Its Rights Upon Rejection?
The Big Question. What is the effect of rejection of a trademark license by a debtor-licensor? Over the past few years, this blog has followed the Tempnology case out of New…
New Jersey Law Blog
Things Remembered Files for Chapter 11 Bankruptcy Protection
53 –year old gift engraver and retailer, Things Remembered Inc., filed on Wednesday for Chapter 11 bankruptcy protection in the District of Delaware docket #19-10234. The chain operates more than…
South Florida Trial Practice
Is Prepetition Bad Faith “Cause” For Dismissal in a Chapter 7?
By Heather Ries
In a recent case out of the Southern District of Florida, the Court outlined the standard for dismissal of an individual's Chapter 7 case based on the Debtor's pre-petition bad…
In Solvency
Tenth Circuit Concurrence Highlights the Importance of Careful Pleadings in Demonstrating Prudential Standing
A recent concurring opinion from a Tenth Circuit decision highlighted the importance of careful pleading in bankruptcy court to ensure a creditor’s prudential standing on appeal. In Slovak Republic v.…
Charleston Bankruptcy Blog
Strategies for Dealing with Student Loan Debt
Student loan debt has long been a cause of great annoyance to personal bankruptcy lawyers. Many of my Charleston area clients struggle with student loan repayment. As I have discussed…
Restructuring Globalview
The Supreme Court May Finally Give Guidance On Trademark Protections In Bankruptcy
In prior posts, we discussed the perplexing issue of how and whether a trademark licensee is protected when the trademark owner/licensor files a bankruptcy petition and moves to reject the…
Agricultural Law and Taxation Blog
Chapter 12 Bankruptcy and the Tools-Of-The-Trade Exemption
OverviewDuring the farm debt crisis of the 1980s, Chapter 12 bankruptcy was enacted to provide a means for “family farmers” to receive debt relief in the context of more favorable…
Bankruptcy & Restructuring Law
Excise Tax or Regulatory Fee? A Warning for Bankruptcy Practitioners and Cannabis Clients
In In re Sandia Tobacco Mfrs, Inc., 2018 WL 4964295 (Bankr. D.N.M. Oct. 12, 2018), the Bankruptcy Court for the District of New Mexico recently held that certain outstanding “assessments”…
Delaware Bankruptcy Update
Delivery Agent Preference Actions Filed in Delaware
Starting on September 14, 2018, George Miller, as Chapter 7 Trustee of the DA Liquidating Corporation, f/k/a Delivery Agent, Inc., et al. ("Debtors") filed approximately 84 complaints seeking the avoidance…