Are trademarks “intellectual property” under the Bankruptcy Code? According to a recent decision from the First Circuit Court of Appeals, the answer is “no,” and Section 365(n) of the Code does not offer protection to trademark licensees when the licensor files for chapter 11. 

In its recent Merit Management decision, the Supreme Court narrowed the “securities” safe harbor for fraudulent transfer and other avoidance actions. Read about that case, and the impact it may have on how transactions are structured or on litigation strategy when a clawback action is commenced.

The choice of a chapter 11 operating trustee can provoke a fight. Follow this guide for a smooth path through the process of displacing an interim chapter 11 trustee or challenging an election.

State statutes and corporate organizational documents can impose substantial obligations on companies to indemnify their officers and directors in certain situations. 

In addition to the normal hurdles debtors face in chapter 11 cases, many energy and farmer debtors must address the safe harbor provisions of 11 U.S.C. § 556, which permit forward contract counterparties to terminate forward contracts immediately after a bankruptcy filing. 

The impact of Jevic may have a wide ranging impact on how Chapter 11 cases are administered in the future.

The new receivership and assignment for benefit of creditors statutes took effect in 2012.

Jim Baillie conducted a joint interview of retired Bankruptcy Judge John Connolly and Mel Orenstein for the National Bankruptcy Archives.