Assuming Patent, Technology Licences Under Ch. 11

Law360, New York (December 20, 2007, 12:00 AM EST) -- Lawmakers’ efforts to overhaul the nation’s bankruptcy laws two years ago as part of the sweeping reforms implemented by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA") failed to resolve a number of important business bankruptcy issues that have been and continue to be the subject of protracted debate among the bankruptcy and appellate courts.

One lingering controversy concerns restrictions in the Bankruptcy Code on the ability of a bankruptcy trustee or chapter 11 debtor-in-possession ("DIP") to assume "executory" contracts that cannot be...
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