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.
By Dan Roe | June 16, 2022
The 90-year-old cosmetic company filed for bankruptcy in New York this week and turned to Paul Weiss' Paul Basta as lead counsel.
New York Law Journal | Expert Opinion
By Scott A. Weinberg and Billy M. Hildbold | May 17, 2022
In their Real Estate Financing column, Scott Weinberg and Billy Hildbold discuss the importance of an intercreditor agreement, which "at its core, sets the boundaries and expectations when it comes to issues that may affect both a mortgage loan and a mezzanine loan."
New York Law Journal | Expert Opinion
By Bruce J. Bergman | May 10, 2022
In foreclosure cases, the consequences of a mistake can be critical. One misstep is failing to name and serve a party with a junior interest, a "necessary party." The strict foreclosure action is a way of solving what could otherwise be a "very thorny dilemma."
New York Law Journal | Commentary
By Adam M. Swanson and Timothy William Salter | April 5, 2022
If enacted, this so-called "foreclosure abuse prevention act" would present a radical departure from more than a century of well-settled law, likely accelerating gentrification and exacerbating New York City's housing crisis by creating favorable conditions for real estate speculators to prey on, and profit off, vulnerable and distressed homeowners.
The American Lawyer | Analysis
By Dan Roe | April 1, 2022
Small business bankruptcy filings are on the rise, but a legislative lapse means Chapter 11 is temporarily off the table for thousands of commercial debtors.
New York Law Journal | Analysis
By Carlos J. Cuevas | March 30, 2022
'Wigley' provides an excellent example of why parties should try to resolve non-dischargeability adversary proceedings through mediation.
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