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Tech Bankruptcy
October 28, 2006
  Discharging Post-petition License Obligations
First published February 13, 2005

Lots of chapter 11 plans purport to discharge all pre-confirmation claims. Can these provisions discharge a post-petition, pre-confirmation claim incurred as a result of a post-petition IP license entered into in the ordinary course of business?

In Monster Content, LLC v. Homes.com, 2005 WL 43466, the US District Court for the Northern District of California said no - at least not without formal notice of the administrative claims bar date and chapter 11 plan. When Homes.com, a chapter 11 debtor, entered into and breached a post-confirmation data license with Monster Content, it had to provide formal notice of the administrative bar date before using the chapter 11 plan process to discharge the debt.
  3:44 PM
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Warren E. Agin is a partner in Swiggart & Agin, LLC, a boutique law firm in Boston, Massachusetts focusing on the needs of technology companies. Mr. Agin heads its bankruptcy department. The author of the book Bankruptcy and Secured Lending in Cyberspace (3rd Ed. West 2005), Mr. Agin also chaired the ABA's E-commerce and Insolvency Subcommittee from 1999 to 2005, co-chaired the Boston Bar Association's Internet and Computer Law Committee (2003-2005), and served on the American Bar Association's Standing Committee on Technology and Information Services (2008-2011). Mr. Agin currently co-chairs the Editorial Board of Business Law Today. A contributing editor to Norton Bankruptcy Law and Practice, 3d, and co-author of its chapter on intellectual property for the past fifteen years, he is author of numerous legal articles and addresses on topics of technology, internet and bankruptcy law.

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