Timothy Durken – Jager Smith P.C.

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Boston, MA 02111, United States

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Ten Things You Need to Know About Intellectual Property Licenses in Bankruptcy

TEN THINGS YOU NEED TO KNOW ABOUT INTELLECTUAL PROPERTY LICENSES IN BANKRUPTCY As developing, protecting and using intellectual property becomes increasingly critical to today’s businesses, it is important to understand how…more
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Credit Bid Capped in Charged Fisker Bankruptcy Auction

Timothy J. Durken is a bankruptcy & restructuring, finance, litigation and transactions attorney at Jager Smith P.C. and may be reached at tdurken@jagersmith.com The recent Delaware Bankruptcy Court decision in In re Fisker…more
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Lawsuit Against Lyondell Shareholders for Repayment of LBO Proceeds Survives Motion to Dismiss

Timothy J. Durken is a bankruptcy & restructuring, finance, litigation and transactions attorney at Jager Smith P.C. and may be reached at tdurken@jagersmith.com EN1 The author examines the SDNY Bankruptcy Court’s Lyondell…more
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Second Circuit Rules that Foreign Debtors Must Have Place of Business or Property in the United States for Recognition of a Foreign Proceeding under Chapter 15 of the Bankruptcy Code

Timothy J. Durken is a bankruptcy, litigation and finance attorney at Jager Smith P.C. and may be reached at tdurken@jagersmith.com On December 11, 2013, the Second Circuit Court of Appeals in the In re Barnet proceedings…more
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BANKRUPTCY CLAIMS TRADING GETS DIRTIER AS THIRD CIRCUIT IN KB TOYS RULES THAT § 502(d) DISALLOWANCE CANNOT BE “WASHED” FROM CLAIMS

Timothy J. Durken is a bankruptcy, litigation and finance attorney at Jager Smith P.C. and may be reached at tdurken@jagersmith.com The Third Circuit Court of Appeals in In re KB Toys Inc. affirmed a Delaware District Court…more
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ResCap Bankruptcy Judge Holds That Unamortized Original Issue Discount ("OID") in "Fair Value" Debt-for-Debt Exchange Not Disallowed Under § 502(b)(2)

Timothy J. Durken is a bankruptcy, litigation and finance attorney at Jager Smith P.C. and may be reached at tdurken@jagersmith.com In a case of first impression, Bankruptcy Judge Martin Glenn for the Southern District of New…more
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QUANTUM PHYSICS AND SPEED OF LIGHT AT THE DELAWARE BANKRUPTCY COURT - Twenty Days of Prepetition Electricity Not Entitled to § 503(b)(9) Administrative Priority in Bankruptcy

Timothy J. Durken is a bankruptcy, litigation and finance attorney at Jager Smith P.C. and may be reached at tdurken@jagersmith.com Bankruptcy Judge Christopher S. Sontchi for the Delaware Bankruptcy Court in In re NE Opco,…more
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Private Equity Funds may be Liable for Pension Obligations of their Portfolio Companies under the Groundbreaking First Circuit Court of Appeals' Sun Capital Partners Decision

Timothy J. Durken is a bankruptcy and litigation attorney at Jager Smith P.C. and may be reached at tdurken@jagersmith.com In Sun Capital Partners III, LP v. New England Teamsters & Trucking Industry Pension Fund, No…more
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Historical Tort System Claim Values Cannot Be Reduced By "Nuisance" Settlements and "Implicit Defense Costs" To Determine Present and Future Asbestos Liability in § 524(g) Bankruptcies

Delaware Bankruptcy Judge Judith Fitzgerald in the bankruptcies of Specialty Products Holding Corp. (a/k/a RPM, Inc.) and Bondex International, Inc. rejected the Debtors’ “novel” claim estimation approach that reduced from the…more
| Bankruptcy, Insurance, Personal Injury, Products Liability, Toxic Torts

Will American Airlines CEO Pocket $20 Million Severance Payment? BAPCA § 503(c) Restrictions on Insider Severance Have No Teeth in Plan Confirmation

This article examines the April 2013 American Airlines decision denying $20 million CEO severance payment under § 503(c) but seemingly adopting the exception set forth in In re Journal Register Co. allowing for the insider…more
| Bankruptcy, Labor & Employment Law

CalPERS May Prevail Despite Bankruptcy Judge's Warning in City of Stockton, California That Failure to Impair Public Pension Obligations May Constitute "Unfair Discrimination" in Plan of Adjustment

CalPERS is likely to prevail in the City of Stockton, California bankruptcy if the Court accepts its position that the City’s pension obligations to CalPERS are executory contracts that can be assumed by the City in its…more
| Bankruptcy, Constitutional Law

False Alarm? Convertible Bonds Unlikely to be Reduced by the Value of their Conversion Rights in Bankruptcy

The author debunks the purported risk that convertible bond claims will be reduced by the value of their conversion rights in bankruptcy. Timothy J. Durken is a bankruptcy and litigation attorney at Jager Smith P.C. in…more
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"Including" vs. "Including without Limitation" - First Circuit's Lesson on Precision in Loan Contract Drafting

Timothy J. Durken is an attorney at Jager Smith P.C. focused on bankruptcy & corporate restructuring, finance, litigation and transactions and may be reached at tdurken@jagersmith.com In VFC Partners 26, LLC v. Cadlerocks…more
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Areas of Practice
  • Bankruptcy
  • Litigation
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