Recently by Boris I. Mankovetskiy
Healthcare
In Re Bayou Shores SNF, LLC: Another Limitation on the Limited Jurisdiction of the Bankruptcy Courts?
Medicare and Medicaid reimbursement payments are the principal source of revenue for many hospitals and nursing facilities. These sources of revenue can be particularly important to distressed healthcare providers who seek reorganization under the Bankruptcy Code. Because governmental...
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Trademarks And Bankruptcy: Seventh Circuit Provides Lifeline For Trademark Licensees Confronting Licensor Bankruptcy
The Bankruptcy Code provides certain protections to intellectual property licensees. Specifically, section 365(n) of the Bankruptcy Code grants intellectual property licensees the ability to retain rights under license agreements rejected by bankrupt licensors under section 365(a). This...
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Intellectual Property And Bankruptcy: Strategies For Intellectual Property Licensees Who Depend Upon The Use Of Complementary Trademarks When A Licensor Files For Bankruptcy
The bankruptcy of a licensor can dramatically impact the rights of an intellectual property licensee. As discussed below, that impact can be particularly acute when the value of an intellectual property license is dependent upon the continued use of a trademark because the Bankruptcy Code...
Read MoreThe Nuts And Bolts Of Credit Bidding: A Primer For Traditional Lenders And Distressed Debt Investors
What is credit bidding? Distilled to its most basic level, Section 363(k) of the Bankruptcy Code gives a secured creditor the right to use up to the full amount of the debt owed to the secured creditor by the debtor as currency in a bankruptcy auction sale of the collateral securing the debt owed...
Read MoreIs Bankruptcy The Cure For Distressed Hospitals?
The financial woes leading to recent bankruptcies and closures of an increasing number of hospitals are attributable to many factors, including insufficient reimbursement from Medicare and Medicaid, insufficient contributions from state charity care programs which require hospitals to provide care...
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