By Adam Leitman Bailey and John M. Desiderio | August 15, 2023
"Racing to find and attach and garnish a judgment debtor's assets before they literally disappear is an old sport played, most recently, at a higher level due to the stressful economic real estate times." This article discusses some of the authors' "war wounds and successes" with the issue, highlighting the most relevant case law and statutes.
By Andrew Denney | July 31, 2023
According to the AG, sewer service, in which debt collectors fail to serve defendants yet claim they have done so in court affidavits, has become "disturbingly common" in consumer-credit cases in New York, which in recent years has contributed to a significant spike in default judgments against plaintiffs.
Delaware Business Court Insider | News
By Ellen Bardash | June 8, 2023
Liquidators said ssues with identifying FTX assets are governed by the laws of the Bahamas, England, and Antigua and Barbuda, and need to be addressed before the company is wound down.
By Dan Roe | May 31, 2023
Joseph Zujkowski joined Gibson Dunn after 10 years at his former firm.
By Dan Roe | May 15, 2023
Corporate bankruptcy filings through April were higher than the first four months of any year since 2010, according to S&P Global data.
The American Lawyer | Analysis
By Dan Roe | May 1, 2023
Corporate restructurings are on the rise among companies that were either hobbled or bolstered by the pandemic.
Delaware Business Court Insider | News
By Ellen Bardash | April 10, 2023
The report enumerates FTX's internal shortcomings identified in the past five months, from sloppy accounting to leaving hundreds of millions of dollars in easily accessible storage.
By Barbara M. Goodstein | April 5, 2023
Since 1990, the UCC Permanent Editorial Board (PEB), has issued 27 commentaries interpreting the UCC or its Official Comments, the most recent of which the authors discuss here.
Delaware Business Court Insider | News
By Ellen Bardash | March 20, 2023
A complaint in the global Chapter 11 case was filed Sunday by Sullivan & Cromwell and Landis, Rath & Cobb attorneys "in response to serial threats" to relocate the case.
By Barbara M. Goodstein | February 1, 2023
The key takeaway from the appeal court's analysis is obvious. Although waiver language can be broadly written, a waiver of defenses associated with standard guaranty "absolute and unconditional" language may not, in and of itself, waive a defense based on the statute of limitations.
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