New York Law Journal | Analysis
By Lynn K. Neuner and William T. Russell Jr. | November 14, 2018
In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss 'Deutsche Bank National Trust Company v. Flagstar Capital Markets Corporation', the latest in a series of decisions construing the application of New York's statute of limitations to residential mortgage backed securities (RMBS) claims.
New York Law Journal | Analysis
By Carlos J. Cuevas | October 18, 2018
The 'DeFreze' decision is reflective that Bankruptcy Code §523(a)(1) is intended to protect the taxing authorities.
New York Law Journal | Analysis
By Julia Lu and David Daniels | October 12, 2018
Bankruptcy Judge Michael Wiles' decision in 'In re Westinghouse Electric Co.', 588 B.R. 347 (Bankr. S.D.N.Y. 2018), rejected a contention that two parties had reached a binding agreement to trade and offers valuable lessons for parties who wish to avoid a similar fate.
By Colby Hamilton | October 3, 2018
The suit claims Navient's practices diverted otherwise eligible borrowers from taking full advantage of federal loan forgiveness programs aimed at helping public-sector and nonprofit workers.
By Barbara M. Goodstein and Jennifer Kratochvil | October 3, 2018
In this Secured Transactions column, Barbara M. Goodstein and Jennifer Kratochvil write: The new Delaware division statute will likely provide efficiencies for corporate transfers and other transactions, but creditors need both to consider their existing finance agreements and be mindful in documenting new transactions of the effect of this new legislation in regard to limitations on such transfers and other transactions.
By Christopher Harris and Kristof Szoke | September 21, 2018
Bankruptcy can considerably complicate the evaluation of legal privilege, due to the presence of shifting corporate control, parties with rapidly changing stakes, and fiduciary duties owed to multiple entities with differing interests.
By James H. Millar | September 21, 2018
Explore why the Fifth Circuit's forthcoming decision in 'Ultra Petroleum' will have broad application.
By Leslie A. Berkoff | September 21, 2018
April 2018 was a very busy month for the interpretation and application of Chapter 15 in the U.S. Bankruptcy Court for the Southern District of New York. During those four weeks, three Bankruptcy Judges issued opinions focusing on various aspects of Chapter 15 of the U.S. Bankruptcy Code.
New York Law Journal | Analysis
By Peter E. Fisch and Mitchell L. Berg | August 14, 2018
While asset forfeiture is commonly thought of as applying to personal property, such as a vehicle used to illegally transport narcotics, in their Transactional Real Estate column, Peter Fisch and Mitchell Berg discuss its application to real property.
By Thomas R. Califano and Rachel Ehrlich Albanese | June 8, 2018
The expense, disruption and value deterioration inherent in sustained Chapter 11 proceedings have in recent years led to faster paced cases which are often, if not prepackaged, at least pre-negotiated (or pre-arranged). Debtors and sophisticated stakeholders are increasingly using plan support agreements to provide structure to a Chapter 11 case and set forth the pre-negotiated terms of a Chapter 11 plan.
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