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The Effect Of Bankruptcy Upon A Firm Using Patents And Trademarks As Collateral, Lois R. Lupica
The Effect Of Bankruptcy Upon A Firm Using Patents And Trademarks As Collateral, Lois R. Lupica
Faculty Publications
The Bankruptcy Code sets forth an orderly process for the distribution of a debtor-in-bankruptcy's assets. This process has the effect of altering many of the procedural and substantive rights and obligations of the debtor, as well as of the debtor's creditors. Parties asserting a property interest in assets of a debtor in bankruptcy, however, must rely on nonbankruptcy law to determine the nature and extent of their property interests. The most commonly asserted interest by creditors involved in a bankruptcy are security interests.