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The Duties And The Powers Of The Chapter 7 Trustee In Bankruptcy In The United States And In Belgium, Chantal J. De Nauw
The Duties And The Powers Of The Chapter 7 Trustee In Bankruptcy In The United States And In Belgium, Chantal J. De Nauw
LLM Theses and Essays
U.S. bankruptcy law offers a wide range of protections to a variety of debtors. The possibility of liquidation, reorganization, or rehabilitation is available to corporations, partnerships, individuals, and even some government institutions in the U.S. Conversely, the accessibility to bankruptcy in Belgium is restricted. In Belgium, only a salesman, as defined in the Belgian Code of Commerce, has access to bankruptcy protection, and this access is restricted in nature only to liquidation. This thesis analyzes the differences in the bankruptcy systems of the U.S. and Belgium, paying special attention to the role of the bankruptcy trustee in Chapter 7 bankruptcy …
The Effect Of Bankruptcy On Executory Contracts In General And On Licensing Agreements Of Intellectual Property In Particular, Alexandra Baumgartner
The Effect Of Bankruptcy On Executory Contracts In General And On Licensing Agreements Of Intellectual Property In Particular, Alexandra Baumgartner
LLM Theses and Essays
11 U.S.C. § 365(a) provides that a bankruptcy trustee, subject to the court’s approval, may assume or reject any executory contract. What section § 365 does not provide is a clear definition for the term “executory contract.” This thesis covers the different definitions of executory contracts proposed by courts and scholars and common grounds for assumption and rejection by the trustee. The author in particular analyzes how § 365 interacts with licensing agreements. If a licensor files for bankruptcy and the license agreement is rejected, the licensee’s rights to use the licensed intellectual property are in jeopardy. This situation is …