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.
New York Law Journal | Expert Opinion
By Todd E. Soloway and Bryan T. Mohler | April 14, 2020
In their Hospitality Law column, Todd Soloway and Bryan Mohler discuss the challenges owners, operators, management companies and franchisors must confront in the face (and wake) of the current pandemic.
New York Law Journal | Analysis
By Barbara M. Goodstein | April 1, 2020
In a moment of true prescience in light of current circumstances, last year Congress amended the U.S. Bankruptcy Code by enacting the Small Business Reorganization Act of 2019 (SBRA). The SBRA is the federal government's latest effort to make bankruptcy reorganization a more attractive option for small businesses, something particularly important given the potential crippling economic effects of the current pandemic. Barbara M. Goodstein discusses the Act in this edition of her Secured Transactions column.
New York Law Journal | Analysis
By Corinne Ball | February 26, 2020
In her Distress Mergers and Acquisitions column, Corinne Ball discusses a recent decision in which the U.S. Court of Appeals for the Seventh Circuit held that the lien of a debtor-in-possession lender in a Chapter 11 proceeding has priority over valid reclamation claims held by a trade supplier.
New York Law Journal | Analysis
By Justin T. Kelton | February 10, 2020
The decision in 'Centi v. McGillin' clarifies the limits of New York's "illegality" defense, and confirms the court's strong preference for enforcing private agreements according to their terms.
New York Law Journal | Analysis
By Joshua Kopelowitz and Anthony J. Virga | December 26, 2019
There is an open question as to whether a guarantor's promise to perform obligations other than the payment of the principal's debts disqualifies the guaranty from the purview of CPLR 3213. This article explores how that question is answered in the Second and First Departments.
New York Law Journal | Analysis
By Paul Humphreys and Timothy Wilkins | December 17, 2019
The market for sustainable debt products reached $247 billion in 2018. $36.4 billion of that debt comprised sustainability linked loans. And market analysts expect that number to grow considerably in the foreseeable future.
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