By Samantha Stokes | June 11, 2019
Seven partners and five associates billed more than $1 million each, and two NY partners—Emily Elizabeth Geier and Josh Sussberg—each billed for more than $3 million.
By Daniel A. Lowenthal | June 7, 2019
How do bankruptcy judges resolve the competing desires of buyers and tenants? Must buyers bid for property knowing that tenants might have the right to stay if their leases are rejected? Are tenants in jeopardy that they might have to move elsewhere to live or work?
By Christopher T. Greco, Spencer A. Winters and Derek I. Hunter | June 7, 2019
In this article, the authors discuss the successful going-concern sale of mall-based retailer Things Remembered, which stands as a testament to the benefits of the Chapter 11 process and the commercial and practical approach that must be utilized in large retail Chapter 11 cases. This case demonstrates that going-concern retail sales are possible to save businesses, even in the current retail climate, if debtors can articulate a sufficient business need for speed.
By Rick Antonoff | June 7, 2019
Courts are divided on the issue of whether the fraudulent transfer recovery provision applies extraterritorially.
New York Law Journal | Analysis
By Barbara M. Goodstein | June 5, 2019
In her Secured Transactions column, Barbara M. Goodstein discusses 'In re Aegean Marine Petroleum Network', which attempts to send a clear message to lenders and other non-debtors in the bankruptcy process that the road to non-consensual third-party releases, even in a jurisdiction that will allow them, is not easily traveled
New York Law Journal | Analysis
By Shirin Dhanani, Dora Galacatos and Shanna Tallarico | May 23, 2019
Proper submissions by litigants and appropriate application of the legal standard by the courts are essential to ensuring that consumer credit actions are decided on the merits and that default judgments are not improperly enforced where plaintiffs failed to legally serve defendants.
New York Law Journal | Analysis
By Francis M. Caesar | May 2, 2019
This article argues that because the acceleration provision of the Fannie Mae Form mortgage note does not conform with NY-UCC §1-309 (formerly NY-UCC §1-208), said mortgage note is not a time instrument pursuant to subsection (c) of NY-UCC §3-109(1) but rather a hybrid instrument: a time instrument that can be converted into a demand instrument.
By Amanda Bronstad | April 2, 2019
Among those filing motions Monday to replace Avenatti, who was charged with extortion and bank fraud last week, were the receiver and a former attorney at his firm who are pursuing a $10 million judgment against him. Separately, two former clients sued Avenatti and others for malpractice.
New York Law Journal | Analysis
By Adam M. Swanson and Jessie D. Bonaros | March 20, 2019
In 'Bank of New York Mellon v. Dieudonne', the Appellate Division, Second Department determined that a mortgage is accelerated by the filing of a complaint to foreclose the mortgage with an election to accelerate. This is true even though a provision in the mortgage preserves the borrower's right to make installment payments rather than the full debt. The decision will reverberate nationally and through New York.
New York Law Journal | Expert Opinion
By Jeffrey B. Steiner and David Broderick | March 19, 2019
In their Financing column, Jeffrey Steiner and David Broderick discuss the payment subordination provision in an intercreditor agreement between a mortgage lender and a mezzanine lender, which they characterize as being one of the more material provisions in these agreements.
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