Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
By Lawrence J. Kotler and Geoffrey A. Heaton | December 20, 2024
Addressing a matter of first impression, the bankruptcy appellate panel for the U.S. Court of Appeals for the Ninth Circuit (BAP) recently held that fully secured, nonrecourse creditors qualify as “countable” creditors for purposes of determining the viability of an involuntary bankruptcy petition under Section 303(b) of the U.S. Bankruptcy Code.
By Alyssa Aquino | December 17, 2024
The U.S. Court of Appeals for the Second Circuit said Bankruptcy Code Section 365(d)(4) doesn’t require the return of Sears’ lease, as various aspects of the deal indicated that Sears was acting as the owner of the property.
By Matthew I. Kramer and Erika A. Martinez | December 17, 2024
There is no efficient market for the sale of bankruptcy assets, and inefficient markets yield a transactional drag that can potentially dampen the ability of debtors and trustees to maximize value for creditors. For instance, I often identify bankruptcy asset sales for my investor clients who may not be aware of such opportunities.
By Adolfo Pesquera | December 16, 2024
A Houston bankruptcy judge dismissed a consequential damages claim against Zachary Industrial Inc., finding there was no gross negligence involved in the Freeport LNG Terminal explosion.
By Jeffrey Schlerf | December 16, 2024
Word that the historic French franchise Girondins de Bordeaux filed for bankruptcy recently rocked European football. But one force in particular poses an even broader threat to the sustainability of the elite level of French soccer than relegation: media rights.
By Francis J. Lawall and Nikki Donofrio | December 13, 2024
One of the most significant calls on cash involves post-petition rent obligations due on leased facilities. Under Section 365(d)(3) of the Bankruptcy Code, post-petition obligations with respect to leased “nonresidential real property” must be timely paid. While the code draws a distinction between residential and nonresidential real property, there is no explicit definition of “nonresidential,” thus creating difficult issues in certain health care cases.
By Emily Cousins | December 11, 2024
U.S. Bankruptcy Judge Christopher Lopez said the bankruptcy trustee, acting in good faith, nevertheless "left the potential for a lot of money on the table." But plaintiffs counsel said his clients are remaining "resilient."
By Joseph J. DiPasquale and Michael R. Herz | December 11, 2024
The Chapter 11 filing statistics clearly show that New Jersey has emerged as a strong venue option. The question is why? The answer, we submit, is consistency and pragmatism.
By Brenda Sapino Jeffreys | December 10, 2024
Because plaintiff Michael Van Deelen failed to file an amended petition by a deadline in litigation he filed against the defendants, a federal judge signed an order dismissing the suit.
By Amy Guthrie | December 6, 2024
Multinational cement manufacturer InterCement, represented by White & Case, is battling bondholders represented by Cleary in a New York court.
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