Priority and perfection of a security interest in a patent: does the Patent Act preempt the UCC?
Article Abstract:
Bankruptcy Court decisions have not clarified whether the Patent Code or the Uniform Commercial Code (UCC) define patent law for perfection of a security interest. Security interest in a patent can be obtained by filing with state and local offices under article 9 of the UCC, and several courts have ruled the Patent Act does not preempt the UCC. However, the Bankruptcy Court in In re Peregrine Entertainment, Ltd. ruled a security interest is obtained by filing with the Patent and Trademark Office (PTO). Secured creditors should file with both the PTO and state and local agencies.
Publication Name: Commercial Law Journal
Subject: Law
ISSN: 0010-3055
Year: 1998
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The art of getting paid: a case law analysis of panel trustee compensation and its limitations
Article Abstract:
Congress in 1994 amended the Bankruptcy Code to clarify when it is appropriate for bankruptcy trustees to receive compensation. However, these amendments failed to provide the clarity sought for, leaving practitioners with no choice but to rely on prior case law as a guide to when compensation is proper. Trustees can obtain compensation only when detailed records of expenses are maintained. Special rules apply to attorneys, paraprofessionals, and trustees who act as their own professionals.
Publication Name: Commercial Law Journal
Subject: Law
ISSN: 0010-3055
Year: 1999
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Travel agency bankruptcies: a primer
Article Abstract:
The September 11, 2001 attacks grievously affected travel agencies, causing many to go into bankruptcy. This article examines bankruptcy law with specific reference to the unique features of travel agencies.
Publication Name: Commercial Law Journal
Subject: Law
ISSN: 0010-3055
Year: 2001
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