Joseph N. Argentina Jr.

November 25, 2024 | The Legal Intelligencer

In a recent decision in In re Taing, the U.S. Bankruptcy Court for the District of Massachusetts held that a mortgagee holds a claim that could be modified by a Chapter 11 plan even if the debtor was not indebted under the mortgage, but limited the ability to “cram down” the plan terms against the lender to the extent it modified the lender’s rights against the nondebtor obligor.

By Andrew C. Kassner and Joseph N. Argentina Jr.

7 minute read

October 11, 2024 | The Legal Intelligencer

The Ninth Circuit reversed the decision of the U.S. Bankruptcy Court for District of Arizona, and in a case of first impression, held where the trustee avoids the portion of a tax lien attributable to penalties, the sale proceeds must be used first to pay in full the unavoided tax lien liability amount rather than allocating the proceeds pro rata.

By Andrew C. Kassner and Joseph N. Argentina Jr.

7 minute read

September 06, 2024 | The Legal Intelligencer

Two opinions illustrate the ways the bankruptcy code can present significant risks to lenders even after the lender receives payments in accordance with loan agreements or even a court order.

By Andrew C. Kassner and Joseph N. Argentina Jr.

9 minute read

July 05, 2024 | The Legal Intelligencer

The court performed an intensive factual review and legal analysis, and concluded that it had the authority to craft an equitable remedy that balanced the protections afforded commercial landlords under the Bankruptcy Code with the bankruptcy policy of promoting equality of distributions to all creditors. In the end, the court did grant an administrative claim but in a reduced amount.

By Andrew C. Kassner and Joseph N. Argentina Jr.

11 minute read

June 03, 2024 | The Legal Intelligencer

In 530 Donelson, the U.S. Bankruptcy Court for the Middle District of Tennessee recently considered whether orders entered by a Tennessee state court appointing and empowering a receiver deprived the limited liability company's owners of authority to file a bankruptcy case for the company.

By Andrew C. Kassner and Joseph N. Argentina Jr.

10 minute read

April 12, 2024 | The Legal Intelligencer

In In re Cortlandt Liquidating, the U.S. District Court for the Southern District of New York, sitting as an appellate court, reviewed a Bankruptcy Court decision that addressed a number of issues involving a commercial landlord's claims in bankruptcy.

By Andrew C. Kassner and Joseph N. Argentina Jr.

9 minute read

February 27, 2024 | The Legal Intelligencer

Continuing our series on distressed real estate cases, we again decided to report on two cases that present different issues. One involves the debtor's sale of real estate over the objection of the secured lender, which was approved. The other involves a debtor's attempt to enjoin a construction bond company from continuing to pay claims by subcontractors after the filing of the bankruptcy case, which was denied.

By Andrew C. Kassner and Joseph N. Argentina Jr.

10 minute read

December 14, 2023 | The Legal Intelligencer

We are reporting on two recent decisions regarding distressed real estate bankruptcies, both of which involve rights of real estate lenders against proceeds of collateral other than the real estate itself.

By Andrew C. Kassner and Joseph N. Argentina Jr.

8 minute read

October 13, 2023 | The Legal Intelligencer

Many clients are not aware that the Bankruptcy Code provides that, upon the filing of a bankruptcy case, the receiver is required to give back possession of the mortgaged property to the debtor unless the lender obtains an order from the Bankruptcy Court excusing the receiver from this requirement.

By Andrew C. Kassner and Joseph N. Argentina Jr.

11 minute read

September 01, 2023 | The Legal Intelligencer

The court found that a contract to produce a documentary television series by a media company was not a personal services contract under applicable nonbankruptcy law and approved assignment of the contract to the company's secured lenders in connection with the lenders' purchase of the debtors' business.

By Andrew C. Kassner and Joseph N. Argentina Jr.

7 minute read