Joseph N Argentina Jr
October 11, 2024 | The Legal Intelligencer
Real Property Sale Proceeds Must Be Paid First to Unavoided Portion of IRS Tax LienThe 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
Possession for Lenders Is Not 100% of the LawTwo 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
Administrative Claim Is Not a Given or the Sole Remedy for Unpaid Post-Petition Rent Prior to Assumption or RejectionThe 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
State Court Receivership Did Not Prevent Bankruptcy FilingIn 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
Court Caps Landlord's Bankruptcy Claim Against Lease GuarantorIn 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
The Continuing Review of Real Estate Sector Bankruptcy RulingsContinuing 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
Courts Issue Increasing Number of Distressed Real Estate Decisions as Filings IncreaseWe 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
State Court Foreclosure Receiver Required to Return Possession of Real Property to Chapter 11 DebtorMany 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
Bankruptcy Court Concludes Agreement to Produce Documentary Series Was Not a Personal Services ContractThe 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
July 06, 2023 | The Legal Intelligencer
Bankruptcy Transferring Control to Parent Was Filed in Good FaithIn recent years, as extensive pre-bankruptcy planning has evolved, bankruptcy filings frequently involve affiliates of larger companies, engineered with a structuring of liabilities in mind. This is especially relevant in the area of mass tort litigation. The question of whether these targeted filings are for a legitimate bankruptcy purpose or should be dismissed has been the subject of significant high-profile litigation.
By Andrew C. Kassner and Joseph N. Argentina Jr.
10 minute read
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