New York Law Journal | Commentary
By K. Scott Kohanowski | February 16, 2021
It is time for New York to protect all owner-occupants of residential property and urgently close the loophole that denies at-risk co-op unit owners the protections accorded to similarly situated homeowners.
By Michael T. Brody | February 10, 2021
A recent flurry of decisions in the U.S. Court of Appeals for the Seventh Circuit reveals that courts may follow a particular percolating issue, coordinate their decisions, and release opinions to address recurring issues or to clarify the law of the circuit.
New York Law Journal | Analysis
By Barbara M. Goodstein | February 3, 2021
In her Secured Transactions column, Barbara M. Goodstein discusses 'In re Le Tote', which involved an attempt by a secured creditor to enforce payment obligations of Lord & Taylor under a master lease agreement for 24 retail stores. U.S. Bankruptcy Judge Keith Phillips rejected that attempt, citing numerous reasons, but among them being that the plain language of §9-109 applied and the exception under §9-604 did not.
New Jersey Law Journal | Analysis
By New Jersey Law Journal | February 1, 2021
PPP Loan Liability and Bankruptcy -- Defending Lawsuits to Recover Preferential Transfers -- Foreign Investors: Understanding the Chapter 11 Sale Process -- Thanks to 3d Cir, Creditors May Have Clearer Path to Pursue Plunderers of Bankrupt Company -- Considerations That Loom Large Over the Small Business Debtor
New Jersey Law Journal | Analysis
By Christopher P. Mazza and Rachel A. Parisi | January 29, 2021
This article highlights some recent decisions regarding the Small Business Reorganization Act, including, eligibility requirements, electing treatment under the SBRA, and considerations during the plan confirmation process.
New Jersey Law Journal | Analysis
By Kenneth L. Baum | January 29, 2021
In its recent decision in 'In re Wilton Armetale,' the Third Circuit removed one major obstacle to certain creditors by confirming that standing is not an obstacle to them taking the baton back from the trustee and continuing a litigation under some circumstances.
By Greg Land | January 28, 2021
Rolta International's creditors said they are owed more than $200 million by the Alpharetta, Georgia-based IT company, which has offices around the country and in Canada.
New Jersey Law Journal | Analysis
By Eric H. Horn and Heike M. Vogel | January 28, 2021
A look at the Chapter 11, section 363 sale process, and the less common plan process. Plus, certain US regulations may be applicable in Chapter 11 when assets are sold to foreign investors. These US regulations are also addressed in this article.
New Jersey Law Journal | Analysis
By John M. August | January 28, 2021
The Bankruptcy Code and state insolvency laws contain several defenses to the recovery of preferential transfers which often reduce or eliminate the preference exposure in many, if not most, cases. This article provides an overview of the defenses and suggestions to obtain the best settlement possible.
New Jersey Law Journal | Analysis
By Brett S. Theisen, Mark Conlan and Conor D. McMullan | January 27, 2021
Borrowers should carefully assess the accuracy of their loan applications, as well as the evidence of supporting documentation, prior to filing petitions for bankruptcy relief.
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