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dc.contributor.authorRitterbush, Moiraen_US
dc.date.accessioned2013-02-18T17:55:09Z
dc.date.available2013-02-18T17:55:09Z
dc.date.issued2011en_US
dc.identifier.citation44 Creighton L. Rev. 543 (2010-2011)en_US
dc.identifier.urihttp://hdl.handle.net/10504/40715
dc.description.abstractINTRODUCTION|Chapter 11 of the Bankruptcy Code provides a debtor with the opportunity to continue to operate the debtor's business while going through bankruptcy proceedings, which is often preferable to a total liquidation of the business and its assets. When a debtor files for relief under Chapter 11 of the Bankruptcy Code, all of the business's property, along with the debtor's legal or equitable interest in the property, becomes the property of the bankruptcy estate and the debtor is protected by an automatic stay on any attempts to collect on prepetition claims. The debtor may continue to operate the business in the capacity of a debtor in possession ("DIP"), rather than having the bankruptcy court appoint a trustee to manage the bankruptcy estate. A DIP has the same obligations and duties as a trustee, but has the added benefit of retaining the business's former management who are probably the most knowledgeable about the company and are in the best position to guide the company through financial hardship. The DIP has the right to sell, lease, or use property of the estate, even property that is subject to the interest of another, and may also obtain financing for its business operations. Section 365 of the Bankruptcy Code also permits a DIP to assume or reject executory contracts. Chapter 11 Bankruptcy protects creditors' interests by requiring a DIP to give creditors the opportunity to object to extraordinary transactions...en_US
dc.publisherCreighton University School of Lawen_US
dc.titleN.C.P. Marketing Group, Inc. v. B G Star Production: The Ninth Circuit Correctly Determined That a Debtor in Possession Cannot Assume a Trademark License in Chapter 11 Bankruptcy Proceedingsen_US
dc.typeJournal Articleen_US
dc.rights.holderCreighton Universityen_US
dc.description.volume44en_US
dc.publisher.locationOmaha, Nebraskaen_US
dc.title.workCreighton Law Reviewen_US
dc.description.note2010-2011en_US
dc.description.pages543en_US


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