Barbara M Goodstein

August 03, 2022 | New York Law Journal

Even if you have a valid and properly perfected security interest, the story doesn't end there. Contractual arrangements can alter the benefits associated with that lien, and therefore it is important to ensure that any contract affecting lien rights is clear and unambiguous.

By Barbara M. Goodstein

7 minute read

June 01, 2022 | New York Law Journal

Two recent events occurring within six months of each other have suggested the Luxembourg Rail Protocol may be gaining steam.

By Barbara M. Goodstein

8 minute read

April 06, 2022 | New York Law Journal

One set of UCC amendments relates to chattel paper and leasing, and involves amendments relating not only to the increased reliance on electronic documents, but also the growing prevalence of hybrid (or "bundled") transactions (i.e., combining the sale or lease of specific goods with the provision of other property, such as software, services or other goods. It is this last category of proposed amendments that Barbara M. Goodstein focuses on in today's edition of her Secured Transactions column.

By Barbara M. Goodstein

9 minute read

February 02, 2022 | New York Law Journal

In this Secured Transactions column, Barbara M. Goodstein and Joaquin M. C De Baca write that the Purdue Pharma decision calls into question an important tool in difficult reorganizations, a tool which is frequently used to garner, and sometimes force, consensus among disputing parties.

By Barbara M. Goodstein and Joaquin M. C De Baca

10 minute read

December 01, 2021 | New York Law Journal

In this edition of her Secured Transactions column, Barbara M. Goodstein discusses a recent decision in which the judge held that simply calling a transaction a true sale does not make it so. Rather, in a detailed and heavily footnoted discussion, the judge ruled that a holistic set of factors should be considered in making that determination.

By Barbara M. Goodstein

9 minute read

October 13, 2021 | New York Law Journal

In this edition of her Secured Transactions column, Barbara M. Goodstein discusses a recent decision that underscores the importance to creditors of proper diligence, both in entering into a transaction and thereafter, including in the exercise of rights and remedies.

By Barbara M. Goodstein

8 minute read

August 04, 2021 | New York Law Journal

In this edition of her Secured Transactions column, Barbara M. Goodstein examines the scope of UCC Article 9 with a focus on virtual currencies, taking into consideration issues of classification and perfection, but also how the Uniform Commercial Code and Emerging Technologies Committee is attempting to tackle these unsettled issues by modifying existing provisions and, in some cases, adding new ones.

By Barbara M. Goodstein

12 minute read

June 02, 2021 | New York Law Journal

In this edition of her Secured Transactions column, Barbara M. Goodstein discusses '111 West 57th Inv. LLC v. 111 W57 Mezz Inv'r LLC', an Appellate Division ruling that is interesting for its interpretation as to the persons entitled to notice of and a right to object to a strict foreclosure under §§9-620 and 9-621. The case is also an important reminder to secured parties not to focus solely on the literal requirements of the Article 9 rules for strict foreclosure, but to keep in view the broader principles of the UCC.

By Barbara M. Goodstein

10 minute read

April 01, 2021 | New York Law Journal

On March 4th, the PEB issued four new draft commentaries, which address choice-of-law rules, enforcement of obligations of securities intermediaries, and priority of liens on receivables perfected by financing statements. In this edition of her Secured Transactions column, Barbara M. Goodstein surveys all four draft commentaries and touches on their importance as they relate to finance practitioners.

By Barbara M. Goodstein

11 minute read

February 03, 2021 | New York Law Journal

In her Secured Transactions column, Barbara M. Goodstein discusses 'In re Le Tote', which involved an attempt by a secured creditor to enforce payment obligations of Lord & Taylor under a master lease agreement for 24 retail stores. U.S. Bankruptcy Judge Keith Phillips rejected that attempt, citing numerous reasons, but among them being that the plain language of §9-109 applied and the exception under §9-604 did not.

By Barbara M. Goodstein

8 minute read