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Anti-Assignment Clauses Commercial Bankruptcy

Mintz - Bankruptcy & Restructuring Viewpoints

363 Sales as a Health Care M&A Tool, Part 1 – Overview

This two-part blog series discusses why buyers looking to make strategic purchases in the health care industry might want to take advantage of the Bankruptcy Code Section 363 sale process (363 Sale) and the pros and cons of...more

Nelson Mullins Riley & Scarborough LLP

Buyer Beware: Anti-Assignment Clause in Promissory Note Bars Claim Purchaser from Collecting in Bankruptcy

In In re Woodbridge Grp. of Companies, LLC, No. BR 17-12560-BLS, 2019 WL 4305444 (D. Del. Sept. 11, 2019), the United States District Court for the District of Delaware affirmed an opinion by Bankruptcy Judge Kevin Carey, and...more

Goulston & Storrs PC

“Retail Apocalypse: The End – Or A New Beginning?”

Goulston & Storrs PC on

The last several years have been treacherous for the retail sector.  Changing shopping patterns and shifting demographics have led some commentators to declare that the (retail) apocalypse is upon us. ...more

Jones Day

Business Restructuring Review | September–October 2018

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In This Issue: Caveat Emptor—Anti-Assignment Clause Renders Transferred Claim Unenforceable - In In re Woodbridge Group of Companies, LLC, 2018 WL 3131127 (Bankr. D. Del. June 20, 2018), the bankruptcy court ruled...more

Troutman Pepper

Anti-Assignment Clause Enforced by Delaware Bankruptcy Court

Troutman Pepper on

On June 20, the U.S. Bankruptcy Court for the District of Delaware held that anti-assignment clauses contained in certain promissory notes were enforceable under Delaware law, contract law and the Uniform Commercial Code. ...more

Morris James LLP

Section 365(f)(1) Used By Third Circuit to Maximize Estate's Value Through an Asset Sale

Morris James LLP on

In a non-precedential opinion filed on July 17, 2018, a copy of which may be found here, the Third Circuit Court of Appeals affirmed the ruling of the Delaware District Court approving an asset purchase agreement over...more

Dechert LLP

Buyer Beware in the Bankruptcy Claims Trading Market

Dechert LLP on

The Bankruptcy Court for the District of Delaware recently held in In re Woodbridge Group of Companies, LLC that while Rule 3001 of the Bankruptcy Code provides a mechanism for transfers of claims, Rule 3001 is not a...more

A&O Shearman

You Get What You Get and You Don’t Get Upset: Delaware Bankruptcy Court Enforces Anti-Assignment Clause

A&O Shearman on

On June 20, 2018, the United States Bankruptcy Court for the District of Delaware issued a decision sustaining the debtors’ objection to the proof of claim filed by Contrarian Funds, LLC. The bankruptcy court found that the...more

Alston & Bird

Woodbridge Case Highlights Risk of Claims Traders Not Complying with Anti-Assignment Restrictions

Alston & Bird on

Our Distressed Debt & Claims Trading Team explores why it is more important than ever for bankruptcy claims and loan traders to inspect and comply with express anti-assignment and transfer restrictions in underlying debt...more

King & Spalding

Bankruptcy Court Blocks Claims Trade

King & Spalding on

On June 20, 2017, the United States Bankruptcy Court for the District of Delaware (the “Court”) issued an opinion in the bankruptcy cases of Woodbridge Group of Companies (collectively, the “Debtors”), sustaining the Debtors’...more

White and Williams LLP

Delaware Bankruptcy Court Sustains Objection to Claim on a Note Transferred in Violation of Anti-Assignment Restriction

White and Williams LLP on

The June 20, 2018 decision by the Delaware Bankruptcy Court in Woodbridge Group of Companies, LLC should prompt those involved in claims trading to reassess transactions where the underlying documents have anti-assignment...more

Morris James LLP

Anti-Assignment Clause in Promissory Note Enforceable under Delaware Law to Disallow Claim Transfer

Morris James LLP on

On June 20, 2018, Judge Carey of the Delaware Bankruptcy Court issued an opinion in the Woodbridge Group of Companies bankruptcies enforcing an anti-assignment clause contained in a promissory note to restrict assignment...more

Mintz - Bankruptcy & Restructuring Viewpoints

Delaware Court Holds that Trademark License Cannot be Assigned Without Consent

The Delaware bankruptcy court recently decided that a debtor could not assign a trademark license absent the consent of the licensor. The court concluded that federal trademark law and the terms of the license precluded...more

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