The Business Bankruptcy Blog
This post examines a new decision from the Bankruptcy Court for the Southern District of Florida involving the enforceability of a pre-bankruptcy waiver of the automatic stay. Let’s first set the stage by taking a look at a not so uncommon fact pattern involving a real estate project in financial trouble.
The Real Estate Workout: …
Once again, a district court has faced the issue of whether a non-exclusive trademark license can be assumed by a debtor in possession. Before the November 2005 decision in In re: N.C.P. Marketing Group, Inc., 337 B.R. 230 (D.Nev. 2005), no court had directly addressed that question. The decision in the N.C.P. Marketing case…
One of the most fundamental protections for companies or individuals filing for bankruptcy is the automatic stay. In fact, when someone says a company has sought "bankruptcy protection" they usually are referring to the "protection" of the automatic stay. The automatic stay arises the instant a bankruptcy petition is filed. It doesn’t matter whether…