Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
New York Law Journal | Expert Opinion
By Jeffrey Steiner and David Broderick | January 19, 2021
During periods of distress in the real estate industry, when loans are being placed in default at a higher frequency, if a lender is not going to enter into a consensual workout or loan restructuring with their defaulted borrower, the lender will have the choice of either enforcing rights under the loan, or selling it. In their Real Estate Financing column, Jeffrey Steiner and David Broderick discuss two recent cases demonstrating the challenges lenders may face with each of these options.
New York Law Journal | Analysis
By Peter Janovsky | January 19, 2021
A new provision of the Bankruptcy Code covering small businesses took effect in February 2020. Referred to as "Subchapter V," it provides a streamlined process for reorganization of businesses under a certain debt threshold. This article focuses on issues revealed in case law since the law took effect.
New York Law Journal | Analysis
By Bernard D'Orazio | January 8, 2021
Many judgment debtors ignore post-judgment subpoenas. Whatever the reason, when there is non-compliance the judgment creditor must be ready and willing to commence a contempt of court proceeding.
New York Law Journal | Analysis
By Milton Williams and Christopher Dioguardi | January 8, 2021
Sometimes a prospective client is on the verge of bankruptcy, or creditors loom; sometimes the prospective client is a criminal defendant whose property is subject to forfeiture. Here's what to be mindful of before entering a retainer agreement in these cases.
New York Law Journal | Analysis
By Pankaj Malik and Melissa J. Montenes | December 30, 2020
This article focuses on specific challenges to the applicability of CPLR §205(a) known as the "Savings Clause" to a new foreclosure action commenced in which the mortgage debt has been accelerated and a prior foreclosure action was dismissed.
New York Law Journal | Analysis
By Robert Dremluk | December 15, 2020
During the past few months several New York cases involving UCC sales of equity pledged to secure mezzanine loans have underscored whether the concept of commercial reasonableness may apply differently during the COVID-19 pandemic.
New York Law Journal | Analysis
By Barbara M. Goodstein | December 2, 2020
In this edition of her Secured Transactions column, Barbara M. Goodstein discusses a recent ruling by the New York Court of Appeals in a case involving strict foreclosure. She writes: While the decision has received considerable attention for the potential power it gives to minority noteholders, it also leaves unanswered questions as to whether the effects on that foreclosure of UCC §$9-620-9-622 were properly considered.
New York Law Journal | Analysis
By Sharon M. Porcellio | October 29, 2020
Pertinent to the financial distress facing many as the result of COVID-19, this column will address a case from the fair debt collection arena: Kurzdorfer v. Constar Financial Services, writes Western District Roundup columnist Sharon M. Porcellio.
New York Law Journal | Expert Opinion
By Eliad S. Shapiro | October 27, 2020
An analysis of the conflict that exists between the Amended Guaranty Law's explicit statutory language and the City Council's newly published declaration of legislative intent and findings. The article looks at the question of statutory interpretation and examines whether the newly amended Guaranty Law passes muster under the U.S. Constitution's Contracts Clause.
New York Law Journal | Expert Opinion
By Peter E. Fisch and Salvatore Gogliormella | October 13, 2020
The COVID-19 pandemic continues to place enormous stress on the commercial real estate industry, with an increasing number of commercial real estate loans facing borrower defaults. In their Transactional Real Estate column, Peter Fisch and Salvatore Gogliormella discuss the choices lenders in these default scenarios face.
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