Head on over to our Law of Banking blog to read Rebekah Hudgins‘ post on the U.S. Supreme Court Granting Certiorari to Decide Circuit Split on Applicable Law for the Recharacterization of Debt.
Attorney Trent Rexing discusses the recent Texas Supreme Court Ruling in favor of The Golf Channel. Read the full article here.
Subtenants need to be aware that a bankruptcy filing of their landlord may result in the subtenant losing its right to occupy the premises. To learn more, click on the link below to an article recently published by the online news site Hotel News Now: http://www.hotelnewsnow.com/Articles/35237/Subtenants-beware-of-bankruptcy-and-commercial-leases
Companies seeking to confirm a Chapter 11 bankruptcy plan typically include releases that discharge the bankrupt company (the debtor) from liability on claims, thereby giving the debtor a chance to emerge from bankruptcy and seek a profitable future. However, Chapter 11 plans may also seek to discharge debts owed not by the debtor, but by […]
The United States District Court for the Southern District of Ohio was recently presented with a strange set of facts regarding a purported licensee under the Perishable Agricultural Commodities Act (PACA). The issue was whether an acknowledged mistake by the United States Department of Agriculture (USDA) – accompanied by a written USDA apology, no less […]
Debtors and creditors alike should understand that no debt restructuring option is perfect and that different options have advantages and disadvantages. To learn more, click on the link below to an article recently published by the online news site Hotel News Now: http://www.hotelnewsnow.com/Article/16344
A recent decision by the District Court for the Eastern District of North Carolina demonstrates just how important it is for parties asserting rights under the Perishable Agricultural Commodities Act (PACA) to provide proper notice. Failing to correctly provide notice means that the creditor is not entitled to the PACA trust fund protections. In most […]
While Donald Trump’s presidential aspirations and “Celebrity Apprentice” hosting duties make for interesting copy, the most recent news concerning him relates to the bankruptcy case of Trump Entertainment and the interaction between bankruptcy and trademark law. To learn more, click on the link below to an article recently published by the online news site Hotel […]
The Supreme Court is currently considering the case of Wellness International Network, Ltd. v. Shariff. As discussed in the blog post on February 16, 2015, at issue in the Wellness International Network case is “whether Article III of the United States Constitution permits the exercise of judicial powers of the United States by the bankruptcy […]
The enforcement of a liquidated damages clause can mean the difference between money in a party’s pocket with little effort versus a protracted and expensive court battle. To learn more, click on the link below to an article recently published by the online news site Hotel News Now: http://www.hotelnewsnow.com/Article/15177/Enforceability-of-liquidated-damages-clauses