Gerard S Catalanello

May 10, 2022 | Law.com

A summary of the factors that courts have considered and will likely continue to consider when addressing dischargeability of private student loans under the Bankruptcy Code, and a cautionary word for practitioners considering whether to put forth an argument to the contrary.

By Gerard S. Catalanello and Kimberly (Kodis) Schiffman

18 minute read

July 18, 2007 | New York Law Journal

Jeffrey B. Steiner and Gerard S. Catalanello, members of Thelen Reid Brown Raysman & Steiner, write that subordinated lenders should recognize that in some scenarios it is possible that they may not have a proverbial "seat at the table" in a chapter 11 bankruptcy case.

By Jeffrey B. Steiner and Gerard S. Catalanello

11 minute read

January 16, 2008 | New York Law Journal

Jeffrey B. Steiner and Gerard S. Catalanello, members of Thelen Reid Brown Raysman & Steiner, analyze a recent case where a federal appellate court affirmed a bankruptcy court's denial of a corporate lessor's motion to dismiss the lessee's chapter 11 bankruptcy petition on the ground that it was not filed in good faith. The court held that, regardless of whether a chapter 11 bankruptcy case could be dismissed as a "bad faith" filing, preservation of a leasehold interest is a valid bankruptcy purpose.

By Jeffrey B. Steiner and Gerard S. Catalanello

11 minute read

September 19, 2007 | New York Law Journal

Jeffrey B. Steiner and Gerard S. Catalanello, members of Thelen Reid Brown Raysman & Steiner, write that certain amendments to the Bankruptcy Code implemented by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 received little notice, but one such change made to Section 365(f)(1), a section commonly utilized by debtor/tenants to invalidate anti-assignment provisions contained in commercial leases, could have wide ranging impact in retail bankruptcy cases.

By Jeffrey B. Steiner and Gerard S. Catalanello

9 minute read

November 21, 2007 | New York Law Journal

Jeffrey B. Steiner and Gerard S. Catalanello, members of Thelen Reid Brown Raysman & Steiner, write that provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 were drafted to resolve a judicial split regarding a debtor's obligation to cure nonmonetary defaults prior to assumption and assignment of unexpired leases and other executory contracts in a bankruptcy case.

By Jeffrey B. Steiner and Gerard S. Catalanello

11 minute read