Mark B Conlan

June 07, 2024 | New York Law Journal

Rule 9031 of the Federal Rules of Bankruptcy Procedure prevents all bankruptcy judges and, if broadly interpreted, any federal judge hearing bankruptcy cases and proceedings, from appointing special masters. The rule is outdated and should be repealed or amended to accord with the reality of today's complex Chapter 11 cases.

By Mark B. Conlan and Noel L. Hillman

9 minute read

September 18, 2020 | New York Law Journal

Beginning with Pier 1 and Modell's, some bankruptcy courts in retail Chapter 11 cases have been allowing debtors to suspend post-petition rent payments to their landlords, in contravention of the generally-accepted practice that such payments must continue to be made. Given the $3 trillion commercial mortgage market, this issue is of critical importance to landlords and banks.

By Brett S. Theisen and Mark B. Conlan

8 minute read

February 20, 2017 | New Jersey Law Journal

Under the Bankruptcy Code, a debtor's estate includes "all legal or equitable interests of the debtor as of the commencement of the case." These property interests include contract rights of the debtor, including LLC interests.

By Mark B. Conlan and Lawrence A. Goldman

17 minute read

January 30, 2014 | New Jersey Law Journal

An examination of the conflict between state forfeiture law and the federal Bankruptcy Code.

By Mark B. Conlan and Joseph A. Hayden

8 minute read