The Bankruptcy Code and the Uniform Fraudulent Transfer Act allow a bankruptcy Trustee to recover property that was allegedly fraudulently transferred to an “initial transferee” who then transferred the same property to a “subsequent transferee.” This article discusses the liability [...]
Licensees of Trademarks can breathe a sigh of relief: A Debtor cannot use the Bankruptcy Code as a sword by rejecting a trademark license thereby preventing the licensee from using the trademark. The U.S. Supreme Court, in Mission Product Holdings [...]
Though Eleventh Circuit (Alabama, Georgia, and Florida) appellate decisions do not control decisions in the Fifth Circuit (Louisiana, Mississippi, and Texas), they can be persuasive. The Eleventh Circuit Court of Appeals ruled in Yerian v. Webber (In re Yerian), 18-10944 [...]
Thomas v. Department of Education (In re Thomas), 18-11091 (5th Cir. July 30, 2019) The U.S. Court of Appeals for the Fifth Circuit recently ruled that a debtor could not discharge her student educational loans, despite her decline in health [...]
TCK Aerospace Inc. v. Muhs (In re Muhs), 18-1372 (4th Cir. May 8, 2019) Things do not always seem to be what they appear to be. A judgment was entered against the debtor for misappropriation of trade secrets under [...]
Attorneys practicing in the family law area and those individuals going through the process of divorce need to be cognizant of the ramifications of a property settlement and the respective financial situations of everyone involved when allocating exempt assets such [...]
When a landlord files bankruptcy and rejects a lease, the tenant has the right to remain in the premises. Moreover, the tenant has the right to offset whatever damages it may have against the bankrupt landlord. The Bankruptcy In Revel [...]
There are two basic ways of proving a fraudulent conveyance under the United States Bankruptcy Code (sometimes referred to as the “Code”) and the Uniform Fraudulent Transfer Act. The first is known as the subjective test, i.e. showing an intent [...]
When Sears filed bankruptcy on October 15, 2018, it announced that it would close 142 under-performing stores. But determining the aggregate number of store closings has been difficult. Early in 2018, Sears Holdings said it would close 166 stores this [...]
What appears to be one thing is not always the case. Take an anti-assignment provision of a lease. Outside of bankruptcy, such a provision would be enforced. On the other hand, Bankruptcy Courts will not enforce anti-assignment provisions in leases. [...]
Bank of America Plaza
901 Main St., Ste. 3900
Dallas, TX 75202
Preston Park Financial Center
4965 Preston Park Blvd., Ste.320
Plano, TX 75093.
© 2025 Cowles & Thompson | Privacy Policy | Terms & Conditions | Website Built by Atomic Design & Consulting
