Archive for the ‘bankruptcy’ Category

Mold lien laws – What are your rights?

Tuesday, June 2nd, 2009

MAPP logo 

Presenters:
H. Alan Rothenbeucher, Schottenstein Zox & Dunn, Leader in the Trade Secret Practice Area focused on the plastics industry
Robert Stefancin, Schottenstein Zox & Dunn, Partner in the Creditors’ Rights and Corporate Trust Practice Area
Victoria Powers, Schottenstein Zox & Dunn, Leader in the Creditors’ Rights and Corporate Trust Practice Area

In a recent Manufacturers Association for Plastic Processors (MAPP) meeting, Alan, Rob and Victoria discussed mold lien laws. In states with mold lien laws, when customers do not pay the balance due for molds that are created, molders have a lien on the mold and can sell the mold. However, before the molder can sell the mold, certain requirements must be met. Listen to the MAPP podcast to find out more.

 
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Can equity receivers sell property free and clear?

Thursday, May 28th, 2009

Presenters:
M. Colette Gibbons, Schottenstein Zox & Dunn, Co-Leader of the Business Restructuring and Creditors’ Rights Practice Groups
Don Shapiro, President/CEO of Foresite Realty Partners, LLC

Should an equity receiver be able to sell property free and clear of liens without the consent of all lien holders? We think the answer is yes – with important due process caveats. In this podcast, Colette and Don share insights and experience on the propriety of these receivership sales and how those sales work on a practical level.

Download Gibbons’ article, A Model Statute for Free-and-clear Sales by Equity Receiverships, as published in The American Bankruptcy Institute Journal.

 
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Seller Reclamation Rights in Bankruptcy

Tuesday, June 17th, 2008

Presenters:
Jim Hopple, Schottenstein Zox and Dunn, Partner in the  Creditors’ Rights and Business Restructuring Practice Group
Tyson Crist, Schottenstein Zox and Dunn, Partner in the Creditors’ Rights and Business Restructuring Practice Group
 
Continuing adverse economic conditions in manufacturing, particularly in the automotive industry, have forced numerous manufacturers into bankruptcy — and that trend is likely to continue or worsen in the foreseeable future.  Sellers need to be aware of their rights and important considerations to reclaim their goods sold to a company that files for bankruptcy. Jim and Tyson discuss the rights of a vendor that has sold goods prior to a bankruptcy filing to reclaim possession of the goods or, in the alternative, to seek an administrative claim for the value of the goods.

 
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Manufacturers Beware

Monday, June 9th, 2008

Bankruptcy May Delay Taking Possession of Your Tooling

Presenters:
Jim Hopple, Schottenstein Zox and Dunn, Partner in the Creditors’ Rights and Business Restructuring Practice Group
Linda Mindrutiu, Schottenstein Zox and Dunn, Associate in the Creditors’ Rights and Business Restructuring Practice Group

Tough economic times, particularly in the automotive industry, have forced numerous manufacturers and processors in the automotive supply chain into bankruptcy.  Often the business filing bankruptcy will have possession of molds or tooling owned by another entity used to make product for that customer. 

A recent decision by the Bankruptcy Court in the Plastech Engineered Products, Inc. case in Michigan permitted Plastech, as the bankruptcy debtor, to keep possession of Chrysler’s tooling notwithstanding Chrysler’s attempts to move the tooling to another source. 

Please join us as Jim and Linda discuss the details of this decision and its potential adverse effects.

 
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