Legal Question in Bankruptcy in Michigan

FCC License and Bankruptcy

Can a bankrupticy trustee take away the license from the company owning it in a bankfupticy?


Asked on 3/05/08, 11:58 pm

2 Answers from Attorneys

Nancy Delain Delain Law Office, PLLC

Re: FCC License and Bankruptcy

If your question means what it says, the Trustee is powerless to take an FCC license; only the FCC can do that. However, there are duties and technicalities involved that can result in FCC action based on the bankruptcy.

If your question means to ask "Will my business lose its FCC license in a bankruptcy action," that is far too fact-dependent and complex for this board.

You need -- NEED -- to hire an attorney to help you with a business bankruptcy; even the smallest of them is a huge, complex, miserable beast that can jump up and bite very, very hard over the most innocent of errors. Business bankruptcy is the land where angels fear to tread; do NOT enter it without a competent guide. Find someone who is local to you (I'm not) with whom you feel comfortable revealing all. The NYS Bar Association (www.nysba.org) and your county bar association are good places to start if you need a referral; the Bankruptcy Bar associated with the court in which you would file would also be a good place to start. You'll find the bankruptcy court's website at either www.nysb.uscourts.gov (for the Southern District) or www.nyeb.uscourts.gov (for the Eastern District). If you don't find a link to the bankruptcy bar there, call the Bankruptcy Court Clerk's office and ask.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

Read more
Answered on 3/06/08, 8:25 am
Nancy Delain Delain Law Office, PLLC

Re: FCC License and Bankruptcy

Clarification to my prior response:

A business may be required by the Trustee to voluntarily surrender its FCC license in a bankruptcy. If that's what you mean by can the Trustee "take away the FCC license," then I suppose that a Trustee can "take away the license." Again, this is very very fact-driven and you need to hire and consult with your attorney about your specific situation.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

Read more
Answered on 3/06/08, 8:39 am


Related Questions & Answers

More Bankruptcy Law questions and answers in Michigan