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Sunbeam Products, Inc. v. Chicago American Manufacturing (7th Cir. July 9, 2012) (6 pp) (relevancy score: 100%)

from Off the "Mark": 7th Circuit Rejects Debtor's Effort to Sever Trademark License (August 30, 2012)

In 2008, losing money on every box fan, Lakewood contracted their manufacture to Chicago American Manufacturing (CAM). Lakewood's trustee rejected the executory portion of the CAM contract under 11 U.S.C. § 365(a). Because the trustee's rejection of Lakewood's contract with CAM did not abrogate CAM's contractual rights, this adversary proceeding properly ended with a judgment in CAM's favor.

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Sunbeam – Seventh Circuit Decision, Where Rejected Trademark Licenses Never Die (4 pp) (relevancy score: 100%)

by Ronald S. Gellert
from Off the "Mark": 7th Circuit Rejects Debtor's Effort to Sever Trademark License (August 30, 2012)

8 SUNBEAM ­ SEVENTH CIRCUIT DECISION, WHERE REJECTED TRADEMARK LICENSES NEVER DIE By Ronald S. Gellert Recently the United States Courts of Appeals for the Seventh Circuit decided Sunbeam Products Inc. v. Chicago American Manufacturing, LLC. As discussed below, the Seventh Circuit Court of Appeals decided that although section 365(n) cannot be applied to trademark licenses, a debtor may not simply reject and terminate a licensee's rights under a trademark license. As a result, the Seventh ...

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Sunbeam Prods., Inc. v. Chicago Am. Mfg, LLC (8 pp) (relevancy score: 100%)

by Todd A. Denys
from Off the "Mark": 7th Circuit Rejects Debtor's Effort to Sever Trademark License (August 30, 2012)

July 9, 2012) This case examined whether a bankruptcy trustee, acting on behalf of a trademark licensor's estate, has the power to terminate a trademark licensee's use of a trademark. The court held that a bankruptcy trustee's power to "reject" a debtor-licensor's trademark license included the power to breach the license, but did not include the power to terminate the licensee's use of the underlying trademark. Unlike the Seventh Circuit, the Fourth Circuit decided in 1985 that a ...

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Fundamentals Of Bankruptcy Law, Sixth Edition (570 pp) (relevancy score: 100%)

by
from Fundamentals of Bankruptcy Law
Video Replay with e-mail Q&A
(December 27, 2010)

Mark T. Carroll Director, Office of Electronic and Print Publications American Law Institute-American Bar Association Continuing Professional Education August 15, 2006 10 Preface Bankruptcy law is widely regarded as a difficult subject. He has shaped the bankruptcy law throughhis profound, innate understanding of the subject, through his years of teaching bankruptcy judges and lawyers, and through his direct participation in the drafting of the Bankruptcy Code and the Bankruptcy Rules. The ...

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Revision of Certain Dollar Amounts in the Bankruptcy Code (Judicial Conference of the United States, Feb. 25, 2010) (4 pp) (relevancy score: 100%)

by
from Fundamentals of Bankruptcy Law
Video Replay with e-mail Q&A
(December 27, 2010)

identified by either the public or BPI section 201.11 of the Commission's service list), and a certificate of service Written submissions. The Secretary will pursuant to section 207.21 of the file written testimony in connection maintain a public service list containing Commission's rules. The Commission's automatic 3-year adjustment of dollar a hearing in connection with the final rules do not authorize filing of amounts in certain sections of titles 11 phase of these investigations ...

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Automatic Stay Overview (4 pp) (relevancy score: 100%)

by Elizabeth L. Perris
from Fundamentals of Bankruptcy Law
Video Replay with e-mail Q&A
(December 27, 2010)

576 Automatic Stay Statutory1 Roadmap Elizabeth L. Perris Chief Bankruptcy Judge District of Oregon I. Bankruptcy filing generally creates an automatic stay that stays all entities. C. The bankruptcy court (and other courts & agencies) cannot issue a stay that alters the exceptions applicable to certainfinancial transactions [§ 362(b)(6), (7), (17) & (27)] . § 362(o). Automatic Stay ­ A Few More Things.A. Stay violations.

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Automatic Stay Hypothetical (4 pp) (relevancy score: 100%)

by Elizabeth L. Perris
from Fundamentals of Bankruptcy Law
Video Replay with e-mail Q&A
(December 27, 2010)

580 Automatic Stay Hypothetical Big Builder Inc. filed Chapter 11 two months ago. Big Builder has three obligations to Helpful Bank: (1) $1M loan, bearing interest at 6% per annum, secured by a first mortgage on real estate that Big Builder uses as its office. Big Builder had not made any payments to Helpful Bank since bankruptcy was filed.

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Supplement Regarding Cross-Border Bankruptcies, and Chapter 15 (2 pp) (relevancy score: 100%)

by Bruce A. Markell
from Fundamentals of Bankruptcy Law
Video Replay with e-mail Q&A
(December 27, 2010)

584 Supplement Regarding Cross-Border Bankruptcies, and Chapter 15 by The Honorable Bruce A. Markell The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub. This chapter is essentially an adoption of a model law on cross-border insolvencies promulgated by the United Nations Commission on International Trade Law (UNCITRAL). In essence, a case under Chapter 15 is commenced by a petition filed by a foreign representative seeking recognition of a foreign insolvency proceeding...

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Introduction to Chapter 13 (4 pp) (relevancy score: 100%)

by Eugene R. Wedoff
from Fundamentals of Bankruptcy Law
Video Replay with e-mail Q&A
(December 27, 2010)

586 Introduction to Chapter 13 A. General features; advantages; eligibility 1. Chapter 13 distribution vs. Chapter 7 distribution (Illustration 1) 2. Chapter 13 eligibility: debtor must be an individual, with regular income, whose "noncontingent, liquidated" secured and unsecured debt is below the statutory caps, who has obtained a prepetition credit counseling briefing B. The Chapter 13 plan 1. Essential function: Define (a) extent of debtor plan contributions, (b) treatment to be accorded ...

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Cases Pertaining to Consumer Debtors, April 2010 (6 pp) (relevancy score: 100%)

by Randall J. Newsome
from Fundamentals of Bankruptcy Law
Video Replay with e-mail Q&A
(December 27, 2010)

In re Swift, 3 F.3d 929 (5th Cir. In re Soza, 542 F.3d 1060 (5th Cir. In re Stern, 345 F.3d 1036 (9th Cir.

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Proposed Regulations Address Impact of a Decline in Debt Issuer's Financial Status under Debt Modification Regulations—or Do They? (6 pp) (relevancy score: 100%)

by Richard M. Lipton, Esquire
from Real Estate and Partnership Workouts (December 7, 2010)

2 3 4 5 6 2 Document Outline Proposed Regulations Address Impact of a Decline in Debt Issuer's Financial Status under Debt Modification Regulations? or Do They? 1. Proposed Regulations Address Impact of a Decline in Debt Issuer's Financial Status under Debt Modification Regulations?

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'Codification' of the Economic Substance Doctrine—Much Ado about Nothing (10 pp) (relevancy score: 100%)

by Richard M. Lipton, Esquire
from Real Estate and Partnership Workouts (December 7, 2010)

8 9 10 11 12 13 14 15 16 Document Outline 'Codification' of the Economic Substance Doctrine? Much Ado about Nothing 2. 'Codification' of the Economic Substance Doctrine? Much Ado about Nothing

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Taxation Meets Bizarro World: Passthroughs and Debt Workouts (26 pp) (relevancy score: 100%)

by Richard M. Lipton, Esquire
from Real Estate and Partnership Workouts (December 7, 2010)

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IRS Issues New Rule for Grouping Activities for Passive Loss Purposes (10 pp) (relevancy score: 100%)

by Richard M. Lipton, Esquire
from Real Estate and Partnership Workouts (December 7, 2010)

44 45 46 47 48 49 2 ALI-ABA 09/07/2010 STATE MCLE CONTACTS Alabama Delaware Indiana Minnesota Ms. Angela Parks Ms. Margot Millar Ms. Julie Orzeske Ms. Liz Vanderbeek Director of Regulatory Programs Executive Director Executive Director CLE Administrator Alabama State Bar Commission on CLE of the Supreme Indiana Supreme Court Minnesota Board of CLE 415 Dexter Avenue Court of Delaware Indiana Commission for CLE Suite 950 PO Box 671 Carvel State Office Building 30 South Meridian Street 180 East ...

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Selling Distressed Commercial Real Estate Through Receiverships (24 pp) (relevancy score: 100%)

by James S. Cochran, Esquire Maura B. O'Connor, Esquire William J. Hoffman
from Selling Distressed Commercial Real Estate Through Receiverships (December 1, 2010)

2 , l PL a L e wah l R S ia s rth rc ip fay e h e m rse r, S o d m n te o iv n e o rao C c 'C rp d e O oc e ra s R u In a s hg ild Md rig tre u n a , T is ro n n h a ra D h ffm g T co o te C ill H llin ta im e s B J d S E y n B a 3 s e sw f te e o s s flo s ip h le h tru r th s a rs y a fo s e in b c iv s ld rs e in e e e e c lea th h ic y s rv ris re s n e b e h ip d h a th g l s u rs lo ia rteo ­ ro e te c p e iv e p p th e ta p u a c s s c te d s s ta l e n s d s f re a n l e o l re r a ...

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Enforcing Defaulted CMBS Loans through Receivership Sales: Risks and Rewards under California’s “One Action” Rule (6 pp) (relevancy score: 100%)

by James S. Cochran, Esquire Maura B. O'Connor, Esquire
from Selling Distressed Commercial Real Estate Through Receiverships (December 1, 2010)

26 Enforcing Defaulted CMBS Loans through Receivership Sales: Risks and Rewards under California's "One Action" Rule By Maura O'Connor and Jim Cochran, Seyfarth Shaw LLP CMBS servicers are talking about a new way to enforce a defaulted CMBS loan (i.e., a commercial real estate loan held by a CMBS trust). Basically, California's one action rule provides that generally a lender may bring only one type of "action" (i.e., court proceeding) to recover on its secured loan: a judicial ...

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Introduction And Overview (19 pp) (relevancy score: 100%)

by Richard B. Levin, et al.
from the book Fundamentals of Bankruptcy Law, Seventh Edition

The referee in bankruptcy became a "bankruptcy judge" (see former Bankruptcy Rule 901(7)) and exercised virtually all the original jurisdiction of the bankruptcy court. Informal contacts between the bankruptcy judge and lawyers and others participating in bankruptcy administration were encouraged, if not required, by the very nature of the many administrative duties the Bankruptcy Act imposed on the bankruptcy judge. Title 11, the Bankruptcy Code, contains both substantive and procedural ...

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The Bankruptcy System (67 pp) (relevancy score: 100%)

by Richard B. Levin, et al.
from the book Fundamentals of Bankruptcy Law, Seventh Edition

22 FUNDAMENTALS OF BANKRUPTCY LAW THE BANKRUPTCY SYSTEM 23 The bankruptcy courts could hold jury trials and could issue final judgments, including in personam judgments, in any proceeding within their jurisdiction. 26 FUNDAMENTALS OF BANKRUPTCY LAW 28 U.S.C. §151. Designation of bankruptcy courts In each judicial district, the bankruptcy judges in regular active service shal constitute a unit of the district court to be known as the bankruptcy court for that district. §2.01(b) The BAFJA ...

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Commencement Of The Case (25 pp) (relevancy score: 100%)

by Richard B. Levin, et al.
from the book Fundamentals of Bankruptcy Law, Seventh Edition

§3.02(b) Voluntary Petitions A voluntary petition may be filed by any eligible debtor. 98 FUNDAMENTALS OF BANKRUPTCY LAW 11 U.S.C. §303. Involuntary cases (d) The debtor, or a general partner in a partnership debtor that did not join in the petition, may file an answer to a petition under this section. A Chapter 13 debtor may be unable to complete a Chapter 13 plan; the debtor may convert the case to Chapter 7 or the trustee or a creditor may ask the court to do so.

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The Estate (59 pp) (relevancy score: 100%)

by Richard B. Levin, et al.
from the book Fundamentals of Bankruptcy Law, Seventh Edition

116 FUNDAMENTALS OF BANKRUPTCY LAW 11 U.S.C. §541. Property of the estate (a) The commencement of a case under section 301, 302, or 303 of this title creates an estate. Any property interests of a corporation, limited liability company, or partnership debtor that are generated after bankruptcy typically (although perhaps not invariably) represent a change in the form of estate property or represent proceeds, profits, or the like of the estate's property; thus these interests become part of ...

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