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.
By Dan Roe | January 20, 2023
Former chief compliance officer Daniel Friedberg filed an eleventh-hour declaration against the law firm's retention.
New York Law Journal | Expert Opinion
By Jeffrey B. Steiner and Megan Vallerie | January 18, 2023
In their Real Estate Financing column, Jeffrey Steiner and Megan Vallerie discuss the question of whether or not the exercise of remedies by a lender following a non-monetary event of default is enforceable.
Delaware Business Court Insider | News
By Ellen Bardash | January 11, 2023
Delaware Bankruptcy Judge John T. Dorsey decided to continue allowing FTX to redact creditors' names from filings for three more months. The three-month window is half of what the debtors requested.
The American Lawyer | Analysis
By Dan Roe | December 20, 2022
"I haven't seen this volume of assignments since the crash of 2008 and 2009," said White & Case global restructuring head Thomas Lauria.
By Edward Boyle and Benjamin (Ben) Paull | December 9, 2022
Foreign judgment creditors may now consider domesticating their judgments in states with broader recognition than New York, and foreign judgment debtors may now consider whether any foreign judgment against them is compatible with due process under New York standards.
Delaware Business Court Insider | News
By Ellen Bardash | November 22, 2022
Attorneys said while they plan to begin liquidating FTX's assets as quickly as possible, a significant portion of those assets have been stolen or are otherwise not accounted for.
New York Law Journal | Analysis
By Morgan R. McCord | November 17, 2022
Over the summer, the U.S. Court of Appeals for the Second Circuit answered the open question of whether the Bankruptcy Code's automatic stay provisions are violated by the foreclosure sale of a property when the debtor is a named defendant in the foreclosure proceeding, even if the debtor's interest in the property is only possessory, in the affirmative.
New York Law Journal | Expert Opinion
By Jeffrey B. Steiner and Tim Swearingen | November 15, 2022
While mortgage lenders have long worried that a bankruptcy filing by their borrower could prevent or delay a foreclosure action, should they now also worry that a bankruptcy filing by a tenant at the property will have the same impact? A recent Second Circuit Court of Appeals decision seems to say yes. In their Real Estate Financing column, Jeff Steiner and Tim Swearingen discuss the case "Bayview Loan Servicing LLC v. Fogarty."
By Sherry Millman and Genna Grossman | September 16, 2022
While there is no clear resolution to the risks imposed to commercial landlords as a result of §502(b)(6), there are avenues to pursue to ensure that the claim cap does not become a claim trap.
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