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 Colleen Murphy | June 28, 2022
Concluding that "amendment would be futile," the U.S. Court of Appeals for the Third Circuit has rejected a bid by a class of female employees to collect a more than $3.5 million judgment entered just before their employer, John Varvatos Enterprises, filed for bankruptcy.
New York Law Journal | Analysis
By Carlos J. Cuevas | June 27, 2022
The consumer bankruptcy system is predicated upon an honest debtor being able to receive a fresh start. The discharge injunction is the judicial order that effectuates the fresh start.
By Adam Shpeen, Aryeh Ethan Falk and Stephen Ford | June 27, 2022
Two Recent Cases Shed Light on Potential Risks to Preferred Equity Holders in Chapter 11 Preferred equity is a varied and flexible instrument, but, in practice, it typically has a limited number of common features. One feature is that it is entitled to a "liquidation preference" ahead of common stock. Whether the liquidation preference of preferred equity entitles preferred shareholders to priority over common shareholders in a Chapter 11 reorganization is a question that figured prominently in two recent high profile cases.
The Legal Intelligencer | Commentary
By Rudolph J. Di Massa Jr. and George W. Fitting | June 24, 2022
Section 327(a) of the Bankruptcy Code allows debtors to employ estate professionals. The section requires these professionals to be "disinterested persons" who "do not hold or represent an interest adverse to the bankruptcy estate."
New York Law Journal | Analysis
By Michael J. Riela | June 24, 2022
Two recent District Court cases, 'In re Purdue Pharma' and 'Patterson v. Mahwah Bergen Retail Group' have called into question whether Bankruptcy Courts have the authority to approve non-consensual third-party releases.
New York Law Journal | Analysis
By Edward E. Neiger and Barbara (Pratt) Bergen | June 23, 2022
This column discusses recent developments in pharmaceutical, medical device and contaminant exposure cases.
By David Horrigan, Relativity | June 23, 2022
Recent bankruptcy proceedings landed software provider Upsolve in hot water in Maryland, showing just how far today's software is allowed to go before it infringes upon unauthorized practice of law issues.
By Amanda Bronstad | June 22, 2022
The trustee, on Tuesday, said possible auction items could be 'a Steinway piano, furniture, art, religious icons, statues, lamps, rugs, ceramics and glassware, clothing and shoes, and sports memorabilia.'
Daily Business Review | Commentary
By Charles M. Tatelbaum and Corey D. Cohen | June 22, 2022
Since many mortgage and other loan statements have all or part of this verbiage as standard "boiler plate" language, the decision needs to be a wake-up call for lenders and their attorneys.
New York Law Journal | Analysis
By Corinne Ball | June 22, 2022
The Third Circuit confirmed that §327 governs retention of counsel. Moreover, it determined that a review of potential conflicts is committed to the discretion of the bankruptcy court and stated that the analysis on review includes whether the bankruptcy court appropriately exercised its discretion in determining that disqualification was not a fitting remedy in the circumstance.
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