Law Offices of Gary Martin Hays & Associates
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GA 30308(470) 294-1674
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New York Law Journal | Expert Opinion
By Sourav Chaudhuri and Gregory Plotko | September 18, 2020
To mitigate the financial havoc caused by the COVID-19 pandemic, Congress swiftly passed a myriad of well-intentioned bills—and set the stage to redefine the landscape for restructurings.
New York Law Journal | Expert Opinion
By Jeffrey B. Steiner and David Broderick | September 15, 2020
In their Real Estate Financing column, Jeffrey Steiner and David Broderick write: As the COVID-19 pandemic continues to wreak havoc on the real estate industry, and as the initial lender reaction of accommodation to borrowers has mostly continued, there has been a shift from loan modifications to defaulted loan forbearance arrangements, together with a very public increase in mezzanine-lender enforcement actions, as evidenced by the public advertisements of notices of sale.
By Oliver J. Armas and Dennis H. Tracey, III | July 2, 2020
A discussion of the specific advice the Third Circuit provided in the Crystallex decision to future judgment holders while also highlighting lingering uncertainties and unique particularities in this area of law.
New York Law Journal | Analysis
By Corinne Ball | June 24, 2020
Corinne Ball's latest column on Distress Mergers and Acquisitions looks at the recent decision in the 'Dura Automotive' case, addressing derivative standing in the bankruptcy of a limited liability company.
By Jane Wester | May 20, 2020
If Cuomo had intended to prohibit such sales, he would have "explicitly provided" for the UCC in his order, just as he did with several laws affected by the pandemic, Justice Frank Nervo wrote.
New York Law Journal | Expert Opinion
By Jeffrey B. Steiner and Scott A. Weinberg | May 19, 2020
In their Real Estate Financing column, Jeffrey Steiner and Scott Weinberg write: In the current economic climate, created in large part by the Covid-19 virus, many borrowers are facing challenges and approaching their lenders with loan modification requests. In handling the large number of such requests, it is important for lenders and servicers to remember to exercise caution in their communications with these borrowers to avoid potential liability for negligence.
New York Law Journal | Analysis
By Daniel J. Buzzetta and Nicholas M. Rose | May 8, 2020
This article attempts to make sense of New York's usury laws and shed light on the ambiguities and tensions that may leave some litigants and judges scratching their heads.
New York Law Journal | Analysis
By Michael J. Riela and Richard W. Trotter | April 29, 2020
Distressed businesses that take proactive steps to preserve cash, cut costs, and increase liquidity will be better positioned to endure an uncertain economic environment. Similarly, creditors that act to limit their exposure to preference litigation can decrease their risk of surrendering the payments they received.
New York Law Journal | Analysis
By Howard Berkower, William D. Brown Jr. and Curtis A. Johnson | April 23, 2020
The Treasury Department and Federal Reserve Board of Governors are leveraging the existing powers of the Federal Reserve under §13(3) of the Federal Reserve Act to provide credit to private enterprises under the "exigent" circumstances created by the COVID-19 pandemic.
New York Law Journal | Analysis
By Corinne Ball | April 22, 2020
In her Distress Mergers and Acquisitions column, Corinne Ball discusses a decision that confirms the importance of intercreditor agreements as determinative of rights as among the creditors subject to the contract. This decision gives weight to the view that the bankruptcy court is not an appropriate forum for what is strictly an intercreditor dispute.
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