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New York Law Journal | Analysis
By Barbara M. Goodstein | December 1, 2021
In this edition of her Secured Transactions column, Barbara M. Goodstein discusses a recent decision in which the judge held that simply calling a transaction a true sale does not make it so. Rather, in a detailed and heavily footnoted discussion, the judge ruled that a holistic set of factors should be considered in making that determination.
New York Law Journal | Analysis
By Barbara M. Goodstein | October 13, 2021
In this edition of her Secured Transactions column, Barbara M. Goodstein discusses a recent decision that underscores the importance to creditors of proper diligence, both in entering into a transaction and thereafter, including in the exercise of rights and remedies.
New York Law Journal | Analysis
By James H. Millar | September 29, 2021
Why can't a creditor pursue its state law fraudulent transfer rights against a non-debtor? As we will see, the underlying reasoning for this proposition is subject to some disagreement, and can lead to some interesting questions.
By Brett S. Theisen and Natasha Songonuga | September 17, 2021
Despite its formal name—the Small Business Reorganization Act—the statute colloquially known as "Subchapter V" may offer a streamlined reorganization vehicle for some middle market companies.
By Robert W. Dremluk | September 17, 2021
This article provides a discussion of the June 9, 2021 decision 'In re KG Winddown,' where U.S. Bankruptcy Judge Martin Glenn clarified some unresolved issues about structured dismissals in Chapter 11 bankruptcy cases that stemmed from the 2017 U.S. Supreme Court decision in 'Czyewski v. Jevic Holding.'
New York Law Journal | Analysis
By Morgan R. McCord | August 27, 2021
The Second Department notably avoided ruling on the open question of whether a third party that is not in privity with a borrower may interpose the statute of limitations as a defense to foreclosure. Had the Appellate Division addressed this important question, it could have clarified an unsettled area of the law and aided settlement in foreclosure cases.
By ALM Staff | August 5, 2021
This suit was surfaced by Law.com Radar. Read the complaint here.
By Jane Wester | July 22, 2021
Kossoff has been accused of stealing millions of dollars he was supposed to hold in escrow for clients, which led to an ongoing investigation by the Manhattan District Attorney's Office and several civil lawsuits.
New York Law Journal | Analysis
By Alexander H. Shapiro | July 9, 2021
The multiplicity of judicial opinion-making across concurrent federal and state jurisdictions can sometimes lead to divergent "paths" and the law of fraudulent conveyances, codified in the New York Debtor and Creditor Law (DCL), offers a striking example of just such judicial cross-currents. This article focuses on the state of the law under the old DCL.
By Richard Bernard, Scott Gautier and Vince Slusher | June 4, 2021
If the Venue Acts are adopted into law, limitations on venue choices may restrict the use of Chapter 11 as an effective resource for corporate debtors, depending on the precedent in the circuit of their principal place of business, on issues that may be critical to their reorganization efforts.
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