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Residuary jurisdiction under insolvency does not permit an adjudicating authority to declare title to a trademark where the question of ownership is not in relation to insolvency proceedings; accordingly the adjudicating authoritys declaration of trademark ownership was set aside because the approved resolution plan and related insolvency process could not determine trademark title. Findings that the assignment fell within avoidance provisions on preferential or undervalued transactions were held perverse and beyond the scope of the approval inquiry, and such statutory avoidance actions require specific pleading and timely forensic scrutiny by the resolution professional. Observations do not bind other fora deciding title on merits.
Residuary jurisdiction under insolvency does not permit an adjudicating authority to declare title to a trademark where the question of ownership is not in relation to insolvency proceedings; accordingly the adjudicating authoritys declaration of trademark ownership was set aside because the approved resolution plan and related insolvency process could not determine trademark title. Findings that the assignment fell within avoidance provisions on preferential or undervalued transactions were held perverse and beyond the scope of the approval inquiry, and such statutory avoidance actions require specific pleading and timely forensic scrutiny by the resolution professional. Observations do not bind other fora deciding title on merits.
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