News & Publications

Trademark licensing is a driving force in business relationships. One common example is where one business owns a trademark, which it licenses out to other companies who manufacture and sell the products bearing the mark. But, what happens if the trademark owner goes bankrupt? Bankruptcy law gives a debtor the right to "reject" contracts to free itself of obligations, but if a trademark owner/licensor "rejects" a trademark license agreement, how does that affect the trademark [...]

A bankruptcy case is usually commenced by the debtor, but the Bankruptcy Code permits creditors to seek to place a debtor into bankruptcy involuntarily, where certain statutory conditions are met. Recently, the bankruptcy court for the Southern District of New York rejected an attempt by certain creditors (the "Petitioning Creditors") to place a financing vehicle known as a collateralized debt obligation, or CDO, into involuntary chapter 11 bankruptcy. See Taberna Preferred Funding IV, Ltd. v. [...]

The West Virginia Consumer Credit and Protection Act ("WVCCPA") is a remedial statute designed to protect West Virginia consumers from improper debt collection. Only "consumers" have standing to file a lawsuit under the WVCCPA. The term "consumer" is defined as a natural person that owes a debt or allegedly owes a debt. But does a person still owe debt if that debt was discharged by a bankruptcy court? Although there is some conflicting case law [...]