Barbara M. Goodstein

April 03, 2019 | New York Law Journal

In her Secured Transactions column, Barbara M. Goodstein discusses two recent cases that illustrate the danger of cross-referencing in a UCC financing statement collateral description to documents not attached to the filing.

By Barbara M. Goodstein

11 minute read

February 06, 2019 | New York Law Journal

In her Secured Transactions column, Barbara M. Goodstein discusses 'In re Woodbridge Group of Companies, LLC et al.', which upheld a provision in a promissory note prohibiting transfers. In so doing, it not only unsettled the robust bankruptcy claims trading market, but was roundly criticized by commentators for its analysis of UCC §§9-406 and 9-408, admittedly among the most complex and inscrutable provisions in UCC Article 9.

By Barbara M. Goodstein

9 minute read

October 03, 2018 | New York Law Journal

In this Secured Transactions column, Barbara M. Goodstein and Jennifer Kratochvil write: The new Delaware division statute will likely provide efficiencies for corporate transfers and other transactions, but creditors need both to consider their existing finance agreements and be mindful in documenting new transactions of the effect of this new legislation in regard to limitations on such transfers and other transactions.

By Barbara M. Goodstein and Jennifer Kratochvil

9 minute read

August 01, 2018 | New York Law Journal

In her Secured Transactions column, Barbara Goodstein reviews Mission Prod. Holdings v. Tempnology, and writes: "In the wake of Mission, there is now a clear split among the federal circuit courts as to whether a licensee of trademarks can or cannot continue to use those trademarks after the license has been rejected by a bankrupt licensor."

By Barbara M. Goodstein

1 minute read

June 06, 2018 | New York Law Journal

In her Secured Transactions column, Barbara Goodstein shows how the case 'JCC Development Corp. v. Levy' can be used as a cautionary tale for attorneys who draft or review loan documents that small variations in the language of the documents can potentially lead to fatal flaws.

By Barbara M. Goodstein

2 minute read

April 04, 2018 | New York Law Journal

In her Secured Transactions column, Barbara M. Goodstein writes: The changes in law arising from the Great Recession were certainly considerable. But it may come as a surprise to many that as much as 10 years later court decisions continue to emerge from those turbulent times.

By Barbara M. Goodstein

11 minute read

January 31, 2018 | New York Law Journal

Secured Transactions columnist Barbara M. Goodstein writes: I'm happy that tax issues usually don't play a major role in most plain vanilla syndicated secured lending facilities. One area, however, that we finance lawyers have had to contend with, even in plain vanilla syndicated loan facilities, is §956 of the Internal Revenue Code.

By Barbara M. Goodstein

8 minute read

October 04, 2017 | New York Law Journal

In her Secured Transactions column, Barbara M. Goodstein writes: The nature of electricity as an asset under the UCC will undoubtedly become more of an issue over time. Overall, most courts considering the issue have held electricity to constitute “goods,” although the bankruptcy cases continue to be divided. New York courts are the sole outlier in non-bankruptcy cases.

By Barbara M. Goodstein

11 minute read

August 02, 2017 | New York Law Journal

In her Secured Transactions column, Barbara M. Goodstein writes: When do loan participation agreements transfer the actual property rights of the originating creditor versus merely a contractual right against the counterparty to proceeds of that property? That question was the subject of a decision earlier this year. Though not groundbreaking, the case provides a thoughtful discussion on this subject, an interesting emphasis on "trust" language, and an opportunity to re-visit current thinking of courts on the issue of when participations are true sales of loan interests.

By Barbara M. Goodstein

16 minute read

May 31, 2017 | New York Law Journal

In her Secured Transactions column, Barbara M. Goodstein writes: The potential challenges and litigation surrounding PROMESA and title III could carry on for months, or even years. While there is plenty of uncertainty surrounding how creditors' and Puerto Rico's interests will finally intersect, the only certainty is that the process is far from over.

By Barbara M. Goodstein

18 minute read