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The Bankruptcy Hotline
'Bona Fide Dispute' Should Be Determined ASAP in Involuntary Filing
The Second Circuit has held that a bankruptcy court's determination that a debt is the subject of a 'bona fide dispute' under the Bankruptcy Code should be made as soon as possible in an involuntary proceeding. Key Mechanical Inc. v. BDC, 56 LLC, 02-5029 (May 21).
Section 303(b), states that an involuntary case against a debtor is commenced when three or more entities have a claim 'that is not contingent as to liability or the subject of a bone fide dispute.' The timing for this determination, however, has divided courts, with some judges finding the question should be decided immediately, and others allowing the question to be resolved later in the proceedings.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?