By a two to one vote, in an April 29 opinion, the United States Court of Appeals for the Fourth Circuit reversed a decision of the United States Bankruptcy Court for the Eastern District of Virginia that a 2017 increase in...more
Any creditor that has experienced more than a few customers or borrowers filing for bankruptcy is aware that there is a risk of being sued by a trustee to avoid transfers that the creditor received prior to the bankruptcy...more
11/10/2020
/ Bankruptcy Code ,
Chapter 7 ,
Commercial Bankruptcy ,
Creditors ,
Debtors ,
Financial Distress ,
Fraudulent Transfers ,
IRS ,
Liquidation ,
Preferential Transfers ,
Trustees ,
UFTA
In Mission Products Holdings, Inc. v. Tempnology, LLC, the United States Supreme Court resolved a split between the United States Courts of Appeal for the First and Seventh Circuits as to effect of rejection of a trademark...more
5/21/2019
/ Bankruptcy Appellate Panel (BAP) ,
Bankruptcy Code ,
Breach of Contract ,
Commercial Bankruptcy ,
Debtors ,
Exclusions ,
Executory Contracts ,
IP License ,
Mission Product Holdings Inc v Tempnology LLC ,
Rescission ,
Reversal ,
SCOTUS ,
Section 365 ,
Split of Authority ,
Trademark Licenses ,
Trademarks ,
Trustees
“Transfers,” and when they occur, are important under the Bankruptcy Code for a number of reasons. Trustees may recover as a “preference” any “transfer…to of for the benefit of a creditor…for or on account of an antecedent...more