October 07, 2011 | The Legal Intelligencer
Bankruptcy Jurisdiction: Where Is the Site of the Fight?Bankruptcy court jurisdiction might not be one of the most exciting aspects of bankruptcy practice, but, as is the case with all litigation, selection of the forum where the controversy will be heard and who will adjudicate the matter is often an important strategy consideration.
By Andrew C. Kassner and Joseph N. Argentina Jr.
10 minute read
November 01, 2010 | The Legal Intelligencer
R.I.P. Frenville: 3rd Circuit Overrules Its Own Unpopular CaseIn 1984, when one of the co-authors (you can guess which one) had been practicing for less than a year, the 3rd U.S. Circuit Court of Appeals issued one of its most controversial rulings in the area of bankruptcy law. The case -- In re Frenville -- addressed the fundamental issue of when a claim arises in bankruptcy.
By Andrew C. Kassner and Joseph N. Argentina Jr.
10 minute read
December 07, 2010 | The Legal Intelligencer
Dubious Equivalents: Debate Continues Over Secured Lenders' Right to 'Credit Bid' in BankruptcyOne of the great debates in bankruptcy law over the past year is whether a Chapter 11 debtor can hold a bankruptcy sale of a secured creditor's collateral without affording the creditor the right to "credit bid" the amount of the debt against the purchase price bid at the sale.
By Andrew C. Kassner and Joseph N. Argentina Jr.
8 minute read
August 30, 2010 | The Legal Intelligencer
IP License Rights in Bankruptcy: The Trademark DilemmaOver the years, a company's rights in intellectual property have become increasingly important to its short and long term viability and value. Companies invest substantial capital licensing and developing intellectual property rights, thereby increasing the value of their intellectual property assets. They rely on their right to continued use of such intellectual property assets. Consequently, the disposition of intellectual property licenses in bankruptcy can have a significant impact on both the licensor and licensee.
By Andrew C. Kassner and Joseph N. Argentina Jr.
9 minute read