Kevin J. Walsh

Kevin J. Walsh

Mintz Levin

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KB Toys: Don’t Play with Clouded Claims

In a recent decision by the influential Third Circuit Court of Appeals, In re KB Toys Inc., 2013 U.S. App. LEXIS 23083 at *17 (3d Cir. Nov. 15, 2013), the Court decided that “the cloud on the claim” stemming from a...more

11/26/2013 - Acquisitions Chapter 11 Commercial Bankruptcy Creditors Debt Collection Debtors Due Diligence

For Secured Creditors, Too Late May Be Too Little

In a recent advisory, we reported on an apparently favorable decision to secured creditors from the Fifth Circuit Court of Appeals that held that a secured creditor’s claim survives bankruptcy where the secured creditor...more

11/15/2013 - Commercial Bankruptcy Liens Secured Creditors

What Must a Secured Creditor Do to Get Its Due?

Last month, the Fifth Circuit Court of Appeals ruled that a secured creditor’s claim survives bankruptcy where the secured creditor received notice of the case and was found to have not actively participated in it. Acceptance...more

9/17/2013 - Commercial Bankruptcy Consumer Bankruptcy Debtors Liens Notice Requirements Reorganizations Secured Creditors

The Ninth Circuit Recharacterizes Recharacterization Jurisprudence

The Ninth Circuit in In re Fitness Holdings Int’l, 2013 U.S. App. LEXIS 8729 (9th Cir. April 30, 2013) recently reversed precedent and established that bankruptcy courts in the Ninth Circuit have the power to determine...more

7/29/2013 - Commercial Bankruptcy Creditors Debt Equity Investors Recharacterization Secured Creditors

How Does Bankruptcy Affect Rights Under an Agreement Not to Sue on Patents?

When a debtor rejects an executory contract, Section 365(n) of the Bankruptcy Code allows a licensee of intellectual property to retain certain rights under the rejected contract. An important question arises, therefore,...more

1/16/2013 - Apple Commercial Bankruptcy License Agreements Licenses Patents Samsung Spansion

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