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In The (Red)®
U.S. Supreme Court Shows Interest In Deciding Whether The Hypothetical Test Or The Actual Test Should Be Used To Determine If IP Licenses Can Be Assumed In Bankruptcy
It looks like the U.S. Supreme Court, or at least two of the Justices, is interested in deciding whether the "hypothetical test" or the "actual test" should be used in determining whether…
Georgia Bankruptcy Blog
House Considers Changes To Chapter 11 To Help Major Retailers
By Sunghee Sohn
From the Wall Street Journal Bankruptcy Beat - The House Judiciary Committee’s Subcommittee on Commercial and Administrative Law is holding a hearing this afternoon on the collapse of Circuit City…
Delaware Bankruptcy Update
Personal Jurisdiction in Bankruptcy Proceedings: Decision in Uni-Marts Bankruptcy Addresses “Minimum Contacts.”
Introduction Bankruptcy lawyers are sometimes asked how a business or individual can be required to defend a lawsuit in Delaware. Typically, this issue arises when a debtor commences an adversary…
Bankruptcy Litigation Blog 2.0
4th Circuit Overrules Judge Small And Holds That Ordinary Commodity Supply Contracts Fall Within BAPCPA’s “Swap Agreement” Amendments
In June 2007, I wrote here about Judge Small's opinion that BAPCPA's expanded "safe-harbor" definition of "swap agreement" did not apply to ordinary supply agreements in which a seller and…
Delaware Bankruptcy Update
Decision in Goody’s Holds That Administrative Claims Under 503(b)(9) Apply to Goods, Not Services
Introduction The Honorable Christopher S. Sontchi, presiding over the Goody's bankruptcy in the United States Bankruptcy Court for the District of Delaware, issued a decision recently regarding the scope of…
In Solvency
Decision in Goody’s Holds That Administrative Claims Under 503(b)(9) Apply to Goods, Not Services
By Fox Rothschild LLP, Fox Rothschild LLP
Introduction The Honorable Christopher S. Sontchi, presiding over the Goody's bankruptcy in the United States Bankruptcy Court for the District of Delaware, issued a decision recently regarding the scope of…
In Solvency
Decision in SemCrude Interprets “Mutuality” Requirement for Setoffs Under Section 553 of the Bankruptcy Code
By Fox Rothschild LLP, Fox Rothschild LLP
Introduction The Bankruptcy Code allows for the setoff of "mutual debts" in a bankruptcy proceeding under 11 U.S.C. 553(a). Section 553 makes no reference to non-mutual debts, which courts interpret to…
Delaware Bankruptcy Update
Mortgage Lenders Network Files Preference Actions
Introduction In January, Mortgage Lenders Network commenced over 65 adversary actions against various defendants, seeking the avoidance and recovery of preferential transfers (read one of the preference complaints here). As reflected in…
In Solvency
Decision in NVF Bankruptcy Rejects Strict Interpretation of 502(b)(3) in Order to Provide a Result Consistent with Congressional Intent
By Fox Rothschild LLP, Fox Rothschild LLP
"NVF bankruptcy" "Delaware bankruptcy attorney" "Judge Peter J. Walsh" "502(b)(3)" "claim objection"
In Solvency
Understanding How Debtors Keep the Lights On: A Look At The Motion Prohibiting Utilities From Discontinuing Service in the Gottschalks Bankruptcy
By Fox Rothschild LLP, Fox Rothschild LLP
"Gottschalks bankruptcy" "Delaware bankruptcy lawyer" "11 U.S.C. 366" "Section 366 of Bankruptcy Code" "utilities motion" "adequate assurance"