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GA 30308(470) 294-1674
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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.
By John Bae and Alexander Andrews | September 16, 2022
This article summarizes the key challenges associated with solving the asbestos litigation problem through the Chapter 11 restructuring process, and explains why an out-of-court restructuring transaction may be a preferred alternative.
By Daniel B. Besikof and Noah Weingarten | September 16, 2022
This article explores questions and potential intercreditor issues surrounding two crypto-related bankruptcy cases.
New York Law Journal | Analysis
By Barbara M. Goodstein | August 3, 2022
Even if you have a valid and properly perfected security interest, the story doesn't end there. Contractual arrangements can alter the benefits associated with that lien, and therefore it is important to ensure that any contract affecting lien rights is clear and unambiguous.
New York Law Journal | Analysis
By Harvey M. Stone and Richard H. Dolan | July 7, 2022
In this edition of their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several recent and significant representative decisions, including reduction of a lengthy prison sentence due to defendant's medical impairments; a holding that, under ERISA, unionized workers had standing to sue trustees of their former union regarding dollar amounts transferred to their new union; and a holding that plaintiffs failed to establish a bank's liability under the Truth in Lending Act regarding disclosures related to their mortgage.
New York Law Journal | Analysis
By Michael J. Riela | June 24, 2022
Two recent District Court cases, 'In re Purdue Pharma' and 'Patterson v. Mahwah Bergen Retail Group' have called into question whether Bankruptcy Courts have the authority to approve non-consensual third-party releases.
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