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 | 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.
New York Law Journal | Analysis
By Corinne Ball | February 27, 2019
In her Distress Mergers and Acquisitions column, Corinne Ball discusses the decision in 'Ultra Petroleum', in which the U.S. Court of Appeals for the Fifth Circuit held that contractual make-whole damages claims arising out of a bankruptcy filing should be characterized as claims for “unmatured interest” within the meaning of §502(b)(2) of the Bankruptcy Code and therefore disallowed.
By Colby Hamilton | February 26, 2019
The federal consumer watchdog bureau filed a request in Manhattan federal court to have the law offices of Crystal Moroney produce documents the firm claims are privileged.
By Colby Hamilton | February 25, 2019
The appellate panel said the U.S. district and bankruptcy courts in Manhattan erred in finding the trustee was barred from going after the funds over extraterritoriality and comity concerns.
By Colby Hamilton | February 11, 2019
First Union Baptist Church was fighting to keep an adverse bankruptcy decision from resulting in its deed reverting to control of its creditor.
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