TechBankruptcy

Backing Away From Those Messy Electronic Signatures

01/14/14

Back in August, the Judicial Conference for the United States Courts released for comments proposed amendments to the Federal Rules of Bankruptcy Procedure, including revisions to FRBP 5005 that will effectively limit the types of electronic signatures usable on court pleadings.

Currently, the relevant part of FRBP 5005 reads:

[more]

Backing Away From Those Messy Electronic Signatures

01/14/14

Back in August, the Judicial Conference for the United States Courts released for comments proposed amendments to the Federal Rules of Bankruptcy Procedure, including revisions to FRBP 5005 that will effectively limit the types of electronic signatures usable on court pleadings.

Currently, the relevant part of FRBP 5005 reads:

[more]

When You Don't List Copyright Infringement Claims in Your Bankruptcy Schedules You Lose Standing

12/19/13

"High up in the pristine White Mountains of Northern Arizona, is a place where...truth and honesty are hard to find, if at all.." [Fair use] So starts Lynnell Levingston's 2008 memoir of politics in Springerville, Arizona. In 2009, Livingston sued a host of defendants asserting, among other things, that one of them violated her copyright in the book by plagiarizing an excerpt from the book in a police incident report.

[more]

When You Don't List Copyright Infringement Claims in Your Bankruptcy Schedules You Lose Standing

12/19/13

"High up in the pristine White Mountains of Northern Arizona, is a place where...truth and honesty are hard to find, if at all.." [Fair use] So starts Lynnell Levingston's 2008 memoir of politics in Springerville, Arizona. In 2009, Livingston sued a host of defendants asserting, among other things, that one of them violated her copyright in the book by plagiarizing an excerpt from the book in a police incident report.

[more]

Qimonda Decision Affirmed But Fourth Circuit Won't Say Whether Denying Section 365(n) Protections Manifestly Contrary to U.S. Public Policy

12/10/13

The Court of Appeals for the Fourth Circuit recently released its decision in the ongoing debate over whether the Qimonda AG bankruptcy estate gets to ruin the world's semiconductor industry. For those unfamiliar with the complex, but important, Qimonda decisions, I'll refer you to California bankruptcy attorney Robert L.

[more]

Qimonda Decision Affirmed But Fourth Circuit Won't Say Whether Denying Section 365(n) Protections Manifestly Contrary to U.S. Public Policy

12/10/13

The Court of Appeals for the Fourth Circuit recently released its decision in the ongoing debate over whether the Qimonda AG bankruptcy estate gets to ruin the world's semiconductor industry. For those unfamiliar with the complex, but important, Qimonda decisions, I'll refer you to California bankruptcy attorney Robert L.

[more]

O'Say it's not So: Virginia Judge O'Grady Rules Domain Names are not Property Saleable By a Chapter 7 Trustee

11/24/13

Courts do not agree on the issue of domain names as property. Some courts treat domain names as a contract right between the domain name holder and the registrar. Other courts recognize domain names as a separate form of intangible property.

[more]

Good Stuff Cheap

11/21/13

In the bankruptcy world, matching sellers of distressed assets with potential buyers has always caused difficulties - usually resulting in reduced sale prices and relative bargains. For large capital assets - like the Polaroid patent portfolio, or Chrysler, investment bankers satisfy the market gap.

[more]

Good Stuff Cheap

11/21/13

In the bankruptcy world, matching sellers of distressed assets with potential buyers has always caused difficulties - usually resulting in reduced sale prices and relative bargains. For large capital assets - like the Polaroid patent portfolio, or Chrysler, investment bankers satisfy the market gap.

[more]

Is Air Free?

11/14/13

You would think that air should be free, but of course air, or at least the right to send signals through it, has not been free for some time. The FCC controls the right to use air to transmit information, divvying the air up into all sorts of frequencies and selling them off to the highest bidder. From a bankruptcy perspective, the right to use the air is well understood as an asset, and can be transferred or even sold under the right conditions.

[more]