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The Restructuring Report

Supreme Court Clarifies Treatment of Trademarks in Bankruptcy Cases

August 28, 2019

A recent Supreme Court decision resolves an important question regarding what rights a non-debtor licensee has to continue to use a trademark under a rejected lease and may also have broader ramifications on the rights of contract parties when a contract is rejected under Section 365.

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New Bankruptcy Laws Attempt to Assist Family Farming Operations and Small Businesses

August 28, 2019

Congress recently passed the Family Farmer Relief Act of 2019 and the Small Business Reorganization Act of 2019, intended to make the Chapter 12 and Chapter 11 processes more accessible to family farming operations and small business debtors, respectively.

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Chapter 11 Bankruptcy Uses and Strategies—What Can Be Accomplished?

August 28, 2019

Chapter 11 bankruptcy is an important and powerful tool to address financial challenges that a company and its decision-makers may be facing. While the process has its challenges, understanding the rights afforded and strategic advantages available through the Chapter 11 process is critical.

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Updated Exemption Amounts Under the Bankruptcy Code

May 13, 2019

New dollar amounts for exemptions under the Bankruptcy Code took effect on April 1, 2019, and apply to all cases filed on or after that date. Ryan Murphy prepared a table that summarizes these updated Bankruptcy Code amounts and also compares the Bankruptcy Code exemptions with the Minnesota state-law exemptions.

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Now at the Supreme Court, Will the Ninth Circuit’s In Re Taggart Decision Affect Sanctions for Willful Violations of the Discharge Injunction?

May 13, 2019

After the Ninth Circuit in In re Taggart set a new and narrow precedent regarding exactly what a creditor must do in order to be subject to civil contempt sanctions for a violation of the discharge injunction, the ball is now with the U.S. Supreme Court to determine what influence that extraordinary opinion will have on other courts.

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A Case to Watch: The Extraterritorial Application of United States Bankruptcy Law

May 13, 2019

In a case that may end up before the Supreme Court, the Second Circuit recently analyzed the extraterritorial application of the fraudulent transfer laws found in the Bankruptcy Code on transfers made outside the U.S. between transferors and transferees both located outside of the U.S.

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Continuing Risks for Businesses Connected to the Marijuana Industry

May 13, 2019

In a recent decision, a gardening supply store was denied bankruptcy protection due to its business model, which targeted marijuana growers in states that have legalized its use.

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Five Tips to Remember When Negotiating with Ag Lenders

February 19, 2019

We are currently in or entering a new bust cycle in production agriculture. While producers have generally managed to continue operating, bankruptcy filings and farm foreclosures are on the rise and prior fixes may no longer be available. Dealing with lenders can be a challenge in these circumstances, and it is important for professionals advising producers to follow a few simple rules to effectively negotiate with their clients’ lenders.

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How Do the Recent Rule Changes Affect You?

February 19, 2019

This article provides a brief examination of the changes in the Federal Rules of Civil Procedure and the Federal Rules of Bankruptcy Procedure that went into effect on December 1, 2018, and how those changes may impact the bankruptcy practice.

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What Does the Rebound From the Great Recession Reveal About the Nature of the Next Slow-Down?

February 19, 2019

Worldwide debt has grown to nearly $250 trillion, a substantial increase since the Great Recession in 2008. The makeup of the debt held by individuals has changed and the amount of corporate debt has significantly increased. With economic challenges on the horizon, these changes will likely affect the processes individuals and corporations pursue to address debt.

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