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- 363 sale (1)
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Articles 1 - 5 of 5
Full-Text Articles in Law
Sales Free And Clear Of An Intellectual Property Licensee's Interests In Bankruptcy -- Looking To In Re Tempnology For Guidance, Summer Chandler
Sales Free And Clear Of An Intellectual Property Licensee's Interests In Bankruptcy -- Looking To In Re Tempnology For Guidance, Summer Chandler
Journal Articles
Uncertainty surrounds many issues that exist at the intersection of bankruptcy law and intellectual property law. Section 363(f) of the Bankruptcy Code permits the debtor to sell assets free of a third party’s interest in such assets, provided one or more preconditions is satisfied. When a debtor rejects a license agreement pertaining to the debtor’s intellectual property, however, § 365(n) of the Bankruptcy Code allows the licensee to choose to retain its rights to use the intellectual property that was the subject of the rejected license agreement. One unsettled question is whether a debtor may sell intellectual property pursuant to …
The Great Escape: Exploring Chapter 11’S Allure To Mass Tort Defendants, Natalie R. Earles
The Great Escape: Exploring Chapter 11’S Allure To Mass Tort Defendants, Natalie R. Earles
Louisiana Law Review
The article explores Chapter 11 bankruptcy proceedings as a defense strategy used by mass tort defendants to escape unfavorable litigation and proposes the U.S. Congress to revise the Bankruptcy Code to disincentivize the misuse of bankruptcy power.
Reigning In Regulatory Overreach: Ferc’S Role In Bankruptcy, Bradley G. Oster
Reigning In Regulatory Overreach: Ferc’S Role In Bankruptcy, Bradley G. Oster
Louisiana Law Review
The article examines points of law governing the role and jurisdiction of the U.S. Federal Energy Regulatory Commission (FERC), including the Federal Power Act's (FPA) field rate doctrine and Mobile-Sierra doctrine and the Bankruptcy Code, in bankruptcy-related litigations.
I Declare Bankruptcy! Clearing The Jurisdictional Bar On Social Security Claims In Bankruptcy Courts, Elyce Ieyoub
I Declare Bankruptcy! Clearing The Jurisdictional Bar On Social Security Claims In Bankruptcy Courts, Elyce Ieyoub
Louisiana Law Review
The article explains the necessity for a legislative amendment to harmonize administrative law and bankruptcy jurisdiction on social security claims in the U.S.
Exploring The Boundaries Of Municipal Bankruptcy, Christopher J. Tyson
Exploring The Boundaries Of Municipal Bankruptcy, Christopher J. Tyson
All Scholarship
Municipal fiscal insolvency has become the central challenge facing American cities. Municipal fiscal insolvency is the result of many factors, including risk taking, fiscal mismanagement, corruption, and the absence of political will to make hard choices. There are also structural factors at play-specifically, local government organization and the fiscal constraints states place on their subdivisions play a significant role in the ability of municipalities to achieve sustainability and growth. These factors are rarely included in the discussion on municipal fiscal insolvency, and understandably so. It is hard to determine the role that local government organization plays in undermining the fiscal …