New York Law Journal | Expert Opinion
By Todd E. Soloway and Bryan T. Mohler | October 29, 2019
Todd Soloway and Bryan Mohler explore the common forms of debt financing, and the particular considerations and legal issues involved when a lender seeks to foreclose.
By Greg Land | October 22, 2019
The plaintiff, a former customer considering coming back to Comcast, said he was on the phone with a representative who initiated a "hard pull" of his credit report without permission, causing his credit score to drop immediately.
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.
By Marcia Coyle | October 18, 2019
A team from Paul Weiss, led by appellate veteran Kannon Shanmugam, convinced the justices to hear a constitutional challenge to the single-director power scheme at the Consumer Financial Protection Bureau.
By Zach Schlein | October 14, 2019
The Third District Court of Appeal reversed and remanded a trial court's order granting summary judgment to borrower Delvis De Leon in a dispute with the National Collegiate Student Loan Trust. The appellate court rejected De Leon's res judicata defense premised on the trust's failure to bring a claim against him during a Chapter 7 bankruptcy proceeding.
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.
New York Law Journal | Analysis
By Jennifer Pastarnack | October 7, 2019
This article highlights legal issues that may be oversimplified in current platforms and pose significant risks to buyers and sellers. While there are additional types of claims traded in the market, this article will focus on trade claims, also known as vendor claims.
New York Law Journal | Analysis
By Barbara M. Goodstein | October 2, 2019
In her Secured Transactions column, Barbara M. Goodstein discusses a recent Seventh Circuit decision in which the court reversed the lower court and held that a UCC-1 collateral description with nothing but a cross-reference to an unattached security agreement did "sufficiently indicate" the collateral for purposes of UCC Article 9.
By Lidia Dinkova | October 1, 2019
The fast fashion clothing and accessories retailer will close a third of its U.S. stores, which brokers say could make way for offices, medical marijuana facilities, esports or housing.
By Zach Schlein | September 27, 2019
Michael Moecker & Associates president Philip J. von Kahle was brought in by Penn Dutch Meat & Seafood Market on Tuesday to oversee the liquidation of the company's assets. The long-operating business closed after several products tested positive for listeria.
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