Congress has passed the long-awaited bipartisan stimulus package on December 21, 2020 which is expected to be signed by the President. Included in this package are significant changes to the existing Paycheck Protection...more
Creditors risk losing important rights in bankruptcy cases if deadlines are not met. Unfortunately, sometimes the existence or relevance of a deadline is not obvious to a creditor. Indeed, bankruptcy notices can be...more
Q: Do opportunities exist for asset buyers in times of distress? A: Yes, valuable assets may be for sale at affordable prices in times of distress for two reasons. First, a primary means of raising liquidity for cash-starved...more
5/14/2020
/ 363 Sales ,
Acquisitions ,
Commercial Bankruptcy ,
Competitive Bidding ,
Contract Negotiations ,
Creditors ,
Distressed Assets ,
Investors ,
Negotiations ,
Section 363 ,
Uniform Commercial Code (UCC)
Q: As business owners grapple with the uncertainties caused by the COVID-19 pandemic, could you outline a “to do” checklist?
John G. Loughnane: There are five keys for resilient owners: 1) Focus on cash – ensure you have...more
Q: Why is there such great uncertainty on this issue leading to widely different results among the lower courts?
A: The Bankruptcy Code does not squarely provide any protection for trademark licensees upon rejection of a...more
Pat Concannon and John Loughnane, partners in Nutter’s Intellectual Property and Corporate and Transactions Departments, respectively, analyzed the significance of the upcoming oral arguments in the Supreme Court case Mission...more
Jeremy Halpern, a partner and co-chair of the firm’s Emerging Companies Group, and John Loughnane, a partner in Nutter’s Corporate and Transactions Department, authored a guide for emerging companies entitled “Emerging...more
Last year the Seventh Circuit determined that a lease termination constituted a “transfer” within the meaning of the Bankruptcy Code and ordered litigation to continue against a landlord that had entered into a lease...more
Two recent opinions concerning the law of substantive consolidation should be of interest to business owners and commercial real estate market participants. The doctrine of substantive consolidation allows a bankruptcy court,...more
The Massachusetts Appeals Court recently issued an opinion in ZVI Construction Co. v. Levy, et al., 90 Mass. App. Ct. 412 (2016) refusing to override the terms of a written confidentiality agreement entered into between...more
In a case decided at the end of August, the Massachusetts Court of Appeals had the opportunity to address when the statute of limitations expires with respect to the enforcement of a guaranty. In JB Mortgage Co., LLC v. Ring...more
The United States Supreme Court recently declined to review the Second Circuit’s controversial opinion in Madden v. Midland Funding. As a result, uncertainty remains for non-bank purchasers of commercial paper on the...more
Landlords contemplating terminating a lease with a distressed tenant in advance of a possible tenant bankruptcy will want to consider carefully a recent decision from the Seventh Circuit. The decision, In re Great Lakes Quick...more
Every Massachusetts homeowner should be aware of the opportunities that are available for protecting the equity in the family home. A recent bankruptcy case, In re: Nealon, reminds us of one such opportunity – the...more
Last week, the United States Court of Appeals for the Sixth Circuit issued a decision in the case of Cyber Solutions International LLC v. Pro Marketing Sales, Inc. Although the decision blazes no new legal territory, the...more