News & Analysis as of

Debtors Certiorari

Kerr Russell

U.S. Supreme Court to Address Permissibility of Non-Consensual Third-Party Releases in Chapter 11 Bankruptcy Plans

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As the calendar turns to autumn, the United States Supreme Court (“SCOTUS”) is commencing its new term and preparing to address a monumental issue that will impact chapter 11 law and the mass tort system: the permissibility...more

Fox Rothschild LLP

The Post-Siegel Fallout Continues: The Supreme Court Has Accepted Certiorari to Determine Whether a Refund of Overpayments Made by...

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On Friday September 28, 2023, the U.S. Supreme Court agreed to review the United States Trustee’s appeal from the Tenth Circuit Court of Appeal’s holding that the Office of the United States Trustee should refund overpayments...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Reaffirms that Debtor Can Obtain Refund for Non-Uniform Bankruptcy Fees

We have previously blogged about Siegel v. Fitzgerald, the Supreme Court decision last June that invalidated the 2018 difference in fees between bankruptcy cases filed in Bankruptcy Administrator judicial districts and U.S....more

Nelson Mullins Riley & Scarborough LLP

Supreme Court to Decide Constitutionality of U.S. Trustee Fees in Chapter 11 Cases

The Supreme Court of the United States granted certiorari on Jan. 10, 2022 in a case arising out of the Circuit City bankruptcy regarding certain additional fees imposed on large Chapter 11 debtors. Most Chapter 11 debtors...more

Patterson Belknap Webb & Tyler LLP

That’s a Brunner, Man. Supreme Court Declines to Revisit Overly Rigid Standard for Discharge of Student Loans in Bankruptcy 

On Monday, the United States Supreme Court denied Thelma McCoy’s petition for a writ of certiorari to the United States Court of Appeals for the Fifth Circuit, passing up a golden opportunity to bring uniformity to the...more

Smith Debnam Narron Drake Saintsing & Myers,...

Deepening Circuit Split, Third Circuit Holds that Items Seized Pre-Petition Did Not Violate Automatic Stay

The Third Circuit has recently held in In re Denby-Peterson, 941 F.3d 115 (3rd Cir. 2019) that creditors who refuse to relinquish an item that was seized pre-petition are not subject to sanctions because their refusal does...more

Carlton Fields

Can Doing Nothing as a Creditor Get You Sanctioned?

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Most experienced creditors know that once a debtor files bankruptcy the automatic stay imposed by Section 362 of the Bankruptcy Code generally precludes various actions to recover debt. ...more

Cadwalader, Wickersham & Taft LLP

Trademark Licensees’ Rights Survive Bankruptcy Rejection

In Mission Product Holdings, the Supreme Court Endorses “Rejection-as-Breach” Rule and Interprets Broadly the Contract Rights that Survive Rejection - On May 20, 2019, the United States Supreme Court resolved one of the...more

Ballard Spahr LLP

Supreme Court: Licensee's Right to Use Trademarks Survives Licensor's Rejection of Licensing Agreement in Bankruptcy

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The Supreme Court held this week that a debtor-licensor’s rejection of a trademark licensing agreement as an executory contract pursuant to section 365(a) of the Bankruptcy Code does not terminate the licensee’s rights to use...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Supreme Court Rules that Bankrupt Brands Cannot Use Bankruptcy to Revoke Trademark Licenses

On May 20, 2019, United States Supreme Court settled a circuit split, deciding that a bankrupt company’s decision to reject an existing contract does not revoke a trademark licensee’s right to continue using the licensed...more

Dorsey & Whitney LLP

The Supreme Court will soon determine whether Trademark License Rights in Bankruptcy Endure or Melt Away

Dorsey & Whitney LLP on

In the coming months, the U.S. Supreme Court is expected to issue a decision in Mission Product Holdings, Inc. v. Tempnology, LLC that may (yes, we said “may”) resolve a circuit split as to whether trademark licensees can...more

Weintraub Tobin

SCOTUS To Decide If Trademark Licensees Lose Their Rights When The Licensor Becomes Insolvent

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The Supreme Court has granted review in the matter known as Mission Product Holdings Inc. v. Tempnology LLC, No. 17-1657, where it will decide whether a licensee loses its right to use a licensed trademark if the licensor...more

Foley & Lardner LLP

Trademarks, Bankruptcy, and Leverage: What Manufacturers and Other Trademark License Parties Should Know About A Potential...

Foley & Lardner LLP on

On February 20, 2019, the United States Supreme Court heard oral arguments in the case Mission Products, Inc. v. Tempnology, LLC. The case has important implications for manufacturers and other parties to trademark licenses...more

Sands Anderson PC

Important Trademark License Case Heard By Supreme Court

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In late February, the Supreme Court of the United States heard oral arguments in Mission Product Holdings Inc. v. Tempnology LLC, a case arising out of the First Circuit. The case addresses the impact of the rejection of a...more

Nutter McClennen & Fish LLP

Mission Product Holdings, Inc. v. Tempnology, LLC: Will the Supreme Court Clarify the Rights of Trademark Licensees Upon...

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

Nutter McClennen & Fish LLP

Will the Supreme Court Clarify the Rights of Trademark Licensees Upon Rejection in Mission Product Holdings, Inc. v. Tempnology,...

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

Jones Day

From the Top: Supreme Court Agrees to Consider Impact of Trademark License Agreement Rejection in Bankruptcy

Jones Day on

On October 26, 2018, the U.S. Supreme Court granted a writ of certiorari in Mission Products Holdings, Inc. v. Tempnology, LLC, No. 17-1657, 2018 WL 2939184 (U.S. Oct. 26, 2018). In granting the petition, the Court agreed to...more

Mintz - Bankruptcy & Restructuring Viewpoints

Supreme Court to Decide Whether Debtors Can Terminate a Licensee’s Rights to Trademarks under License Agreements

The United States Supreme Court has agreed to address “[w]hether, under §365 of the Bankruptcy Code, a debtor-licensor’s ‘rejection’ of a license agreement—which ‘constitutes a breach of such contract,’ 11 U.S.C....more

Adams and Reese LLP

Confusion Surrounds the Fair Debt Collection Practices Act

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The United States Supreme Court recently declined to review Crawford v. LVNV Funding, LLC, 758 F.3d 1254, 1257 (11th Cir. 2014) cert. denied, No. 14-858, 2015 WL 246891 (U.S. Apr. 20, 2015), an Eleventh Circuit decision that...more

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