Law Offices of Gary Martin Hays & Associates
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New York Law Journal | Analysis
By Corinne Ball | October 23, 2019
In her Distress Mergers and Acquisitions column, Corinne Ball discusses a decision that addressed the scope of the channeling injunction contained in W.R. Grace's plan of reorganization, and specifically, whether the channeling injunction enjoins a state-court lawsuit against one of W.R. Grace's insurers. Importantly, it also addresses a bankruptcy court's jurisdiction, a rationale that would extend beyond asbestos provisions and reach channeling injunctions used in other circumstances.
Delaware Business Court Insider | News
By P.J. D'Annunzio | October 22, 2019
The Third Circuit has vacated the dismissal of an investment management company's lawsuit over its creditors' violation of an automatic stay in its bankruptcy proceedings.
By P.J. D'Annunzio | October 22, 2019
The Third Circuit has vacated the dismissal of an investment management company's lawsuit over its creditors' violation of an automatic stay in its bankruptcy proceedings.
By Tom McParland | October 18, 2019
While Citi was "reckless and deliberately indifferent" to the risk Bernie Madoff presented, its actions did not rise to the level of "willful blindness" necessary to claw back the funds, the judge concluded.
The Legal Intelligencer | Commentary
By Andrew C. Kassner and Joseph N. Argentina Jr. | October 17, 2019
In litigation, the first question is where should the claim be adjudicated. In bankruptcy matters, additional complexity is involved given that bankruptcy court jurisdiction is governed by a separate federal statute.
By Raychel Lean | October 11, 2019
Attorney-client privilege exists to encourage clients to speak freely gain their counsel's advice. But that protection doesn't apply to clients simultaneously engaging in criminal or fraudulent activity.
By Amanda Bronstad | October 10, 2019
More than two dozen states and hundreds of cities, counties and other governments have retained outside lawyers to oppose an attempt in bankruptcy court to halt their lawsuits against Purdue Pharma and its founders, the Sacklers. A hearing is set for Friday in U.S. Bankruptcy Court for the Southern District of New York.
By David Thomas | October 10, 2019
The start of the much-anticipated downturn is already here, says a McDermott bankruptcy group leader. The firm has added at least six lawyers to the practice, including two seasoned partners in Chicago this week.
New York Law Journal | Analysis
By Peter Janovsky | October 10, 2019
The Bankruptcy Code's rules governing cram-down are complex and differ for secured and unsecured classes of creditors. This article shows how bankruptcy courts have ruled on a particular method of cram-down known as a "dirt-for-debt" plan.
By Zach Schlein | October 7, 2019
Rory Jurman represented American Alternative Insurance Corp., the insurer of the Kopelowitz Ostrow law firm, in negotiations to resolve claims against the firm and two of its attorneys by a bankrupt lending firm.
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