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Monday, November 14, 2011
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Monday, February 28, 2011
What is credit bidding? Distilled to its most basic level, Section 363(k) of the Bankruptcy Code gives a secured creditor the right to use up to the full amount of the debt owed to the secured creditor by the debtor as currency in a bankruptcy auction sale of the collateral securing the debt owed to the secured creditor. For example, a creditor who is owed...
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Saturday, March 1, 2008
The financial woes leading to recent bankruptcies and closures of an increasing number of hospitals are attributable to many factors, including insufficient reimbursement from Medicare and Medicaid, insufficient contributions from state charity care programs which require hospitals to provide care to all regardless of the ability to pay, as well as...
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Friday, June 1, 2007
Although section 365(n) of the Bankruptcy Code provides a licensee certain protections if the license agreement is rejected, which we discussed in Part I last month, these protections do not completely preserve the licensee's pre-bankruptcy rights. For example, if the debtor/licensor rejects the license agreement, it no longer is obligated to perform any...
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Tuesday, May 1, 2007
When an entity wishing to obtain rights to life sciences intellectual property enters into a licensing agreement, it expects to receive the full benefits of the bargain throughout the term of the license. Unfortunately, in many instances, the intervening bankruptcy of the licensor can dramatically change the parameters of the deal and undermine the licensee...
