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.
New York Law Journal | Expert Opinion
By Sourav Chaudhuri and Gregory Plotko | September 18, 2020
To mitigate the financial havoc caused by the COVID-19 pandemic, Congress swiftly passed a myriad of well-intentioned bills—and set the stage to redefine the landscape for restructurings.
New York Law Journal | Expert Opinion
By Jeffrey B. Steiner and David Broderick | September 15, 2020
In their Real Estate Financing column, Jeffrey Steiner and David Broderick write: As the COVID-19 pandemic continues to wreak havoc on the real estate industry, and as the initial lender reaction of accommodation to borrowers has mostly continued, there has been a shift from loan modifications to defaulted loan forbearance arrangements, together with a very public increase in mezzanine-lender enforcement actions, as evidenced by the public advertisements of notices of sale.
By Oliver J. Armas and Dennis H. Tracey, III | July 2, 2020
A discussion of the specific advice the Third Circuit provided in the Crystallex decision to future judgment holders while also highlighting lingering uncertainties and unique particularities in this area of law.
New York Law Journal | Analysis
By Corinne Ball | June 24, 2020
Corinne Ball's latest column on Distress Mergers and Acquisitions looks at the recent decision in the 'Dura Automotive' case, addressing derivative standing in the bankruptcy of a limited liability company.
By Jane Wester | May 20, 2020
If Cuomo had intended to prohibit such sales, he would have "explicitly provided" for the UCC in his order, just as he did with several laws affected by the pandemic, Justice Frank Nervo wrote.
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