Bankruptcy Law News and Insights

Decade Old Transactions Potentially Subject To Bankruptcy Clawback In Massachusetts

Published: Aug 20, 2019
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Transfers and transactions up to ten years old may be scrutinized, unwound and recovered by a trustee, the bankruptcy court sitting in Massachusetts recently held in the NECCO (think chalky wafer candy) bankruptcy case. The ruling, in a case of first impression in Massachusetts, expands the reach back period from...

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Consignments: The Sports Authority Cases, Article 9 and the PEB

Published: Aug 13, 2019
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In her Secured Transactions column, Barbara M. Goodstein discusses two recent decisions in the Sports Authority bankruptcy which underscore the continuing challenge to UCC commentators in guiding courts and practitioners effectively through the world of consignments. In a typical consignment, a seller (the consignor) delivers goods to an intermediary or...

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The Trademarking Of The “Basic Federal Rule In Bankruptcy”

Published: Aug 07, 2019
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A recent opinion from the Supreme Court in Mission Prod. Holdings, Inc. v. Tempnology, LLC, 139 S. Ct. 1652 (2019), reaffirms that bankruptcy does not change all that much. The Supreme Court has long recognized the distinction between the equitable administration of property and claims imposed by federal bankruptcy law and...

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