Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
New York Law Journal | Analysis
By Barbara M. Goodstein | July 31, 2019
In her Secured Transactions column, Barbara M. Goodstein discusses two recent decisions in the Sports Authority bankruptcy which underscore the continuing challenge to UCC commentators in guiding courts and practitioners effectively through the world of consignments.
New York Law Journal | Analysis
By Janice Mac Avoy, Matthew D. Parrott and Justin J. Santolli | July 11, 2019
On June 6, the Appellate Division, First Department issued 'Atlas MF Mezzanine Borrower v. Macquarie Texas Loan Holder' that will reassure the real estate lending community of the finality of foreclosure sales pursuant to the Uniform Commercial Code.
New York Law Journal | Analysis
By Corinne Ball | June 26, 2019
In her Distress Mergers and Acquisitions column, Corinne Ball discusses the recent Singapore Court of Appeal decision in 'Pathfinder Strategic Credit LP v. Empire Capital Resource Pte Ltd,' which is significant for the approach adopted by the Singapore courts in restructuring a large, cross-border group enterprise with New York law-governed debt.
New York Law Journal | Analysis
By Martin Flumenbaum and Brad S. Karp | June 25, 2019
In their Second Circuit Review, Martin Flumenbaum and Brad Karp discuss 'Kidd v. Thomson Reuters,' where the court determined for the first time that an entity must specifically intend to furnish a “consumer report” to qualify as a consumer reporting agency under the Fair Credit Reporting Act.
By Angela Morris | June 25, 2019
“Their lawyers—officers of the court—helped themselves to the very sales proceeds that this court prohibited judgment debtors from using,” the complaint said. “Defendant Einbinder refused to return or hand over the proceeds.”
New York Law Journal | Analysis
By Jaime Lathrop | June 20, 2019
A recent Second Department decision shows the limits of the ability of a subsequent owner attempting to assert defenses personal to the original owner/mortgagor in a pending foreclosure proceeding. The decision is instructive to remind practitioners regarding “personal defenses” and standing of other parties to appeal decisions.
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.
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