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Message: Re: Some of Important paragraphs from the " Patent Portfolios in Bankruptcy Cases"
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Jul 30, 2017 08:07PM

If by some miracle the case is converted to a Debtor-In-Possesion (Chapter 11), that means the company continues operating under the control of the debtor, with certain rules, one of which is, don't incur anymore debt. The trustee is charged with overseeing the business until one of 2 things happens; either the busness is deemed suficiently recovered to continue on its own(in which case the D-I-P status is discharged) or it'sconverted to a straight Chapter 7.

My question would be, who would have control of the business even if it became a DIP? Could we trust the original principals to do the right thing? Of course not. I don't know how that problem would be resolved if we were lucky enough to get that far.

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