New York Law Journal | Analysis
By Carlos J. Cuevas | January 4, 2019
McKinsey is advising the FOMB on Puerto Rico's debt restructuring. After McKinsey was retained, it was revealed that McKinsey, through its affiliates, holds at least $20 million of Puerto Rico's debt. The fact that McKinsey is not disinterested has produced the appearance of a conflict of interest, which casts a specter of doubt on the legitimacy of Puerto Rico's bankruptcy case.
By Christine Simmons | January 4, 2019
About a year after Milberg signed a deal to transfer assets, the firm's leader told ex-partner Steven Schulman it would no longer pay him.
New York Law Journal | Analysis
By Adam M. Swanson | January 2, 2019
Legacy foreclosures are running up against New York's six-year foreclosure statute of limitations, CPLR §213(4). Lenders' counsel must be vigilant. Mortgages are routinely being discharged under the statute of limitations.
By Bernard D'Orazio | December 14, 2018
The technique of serving Restraining Notices to freeze accounts held in the name of third parties provides judgment creditors with a potentially powerful Judgment enforcement tool. As with anything powerful, it should be used carefully and wisely.
New York Law Journal | Analysis
By Janice Mac Avoy and Justin J. Santolli | November 26, 2018
The New York County Supreme Court's decision in 'CB Frontier v. Wilmington Trust, N.A.' to grant summary judgment holding that the floor area ratio bonus was not collateral under the mortgage surprised many in the commercial real estate community. While the decision has been appealed to the Appellate Division, the current decision raises areas of concern for lenders, and could lead borrowers (and lenders) to more closely scrutinize their existing loan documents to see if they will support a claim that a FAR bonus is not collateral under the mortgage.
New York Law Journal | Analysis
By Bruce Goldner | November 19, 2018
Unfortunately, the law on how to perfect a lien in a copyright application is foggy at best. This article sketches out pitfalls of the current process for perfecting a lien on a copyright application, and potential steps that a financier may take to help perfect and protect its investment.
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.
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