SCOTUS Determines Trademark Licensee’s Rights Survive Rejection by Debtor in Bankruptcy

A debtor has the right to assume or reject any executory contract or unexpired lease through its bankruptcy, pursuant to the Bankruptcy Code. A trademark license is an executory contract that is subject to assumption or rejection if performance remains due from both parties to the contract. A debtor will reject a trademark license if […]

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Delaware Court Says You Cannot Separate an Integrated Lease

A Delaware Bankruptcy Court recently ruled that a debtor cannot assume only certain portions of a real property lease covering several, separate properties; instead the debtor must assume the entire lease (cum onere) or reject the entire lease.  See In re Contract Research, Inc., 12-11004 (Bankr. D. Del. May 1, 2013) (KJC).  This case is a good example […]

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