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ARTICLE · 22 SEPTEMBER 2010

CR&B Alert - September 2010

Reed Smith
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Suppliers to chapter 11 debtors-in-possession should always ensure that they are not being paid from the debtor’s "cash collateral" without court approval.

United StatesFinance and Banking
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COMMERCIAL RESTRUCTURING & BANKRUPTCY NEWS – SEPTEMBER 2010, ISSUE 3

Contents

  • Sellers Beware—Unauthorized Payments from 'Cash Collateral' Will be Avoided
  • The Third Circuit Expands the Substantial-Performance Test to Determine if a Trademark License Contract is Executory
  • Court Breaks from Majority Rule, Granting Retirees Post-Petition Rights Greater than Pre-Petition Rights
  • Landlords Successful in Obtaining Stub Rent as an Administrative Expense Under Section 503
  • Delaware Bankruptcy Court Finds Appointment of Examiner Not Required Every Time the Statutory Debt Threshold is Exceeded
  • The Third Circuit Overrules a Long-Standing Case, Changing the Ability of Personal Injury Plaintiffs to Bring Suit Against Debtors

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