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New York Law Journal

Enforceability in Bankruptcy of Voting Rights Provisions in Subordination Agreements

Bankruptcy courts continue to disagree about whether a provision in a subordination agreement that purports to allow the senior creditor to vote the subordinated creditor's claim is enforceable.
8 minute read

New York Law Journal

Cap on Lease Rejection Claims Under the Bankruptcy Code and Its Damaging Effect on Commercial Landlords

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.
8 minute read

New York Law Journal

Out-of-Court Restructuring To Exit Asbestos Litigation: Alternative to Chapter 11

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.
8 minute read

New York Law Journal

Open Market Purchases, Past and Future

Recent developments in the credit markets and in restructuring practices have led to priming financings and non-ratable roll-ups of commercial credit agreement lenders into uptiered facilities in connection with out-of-court balance sheet restructurings.
8 minute read

New York Law Journal

Preference Due Diligence in the Crypto Winter

This article considers how the due diligence language added to Bankruptcy Code §547(b) might be applied to potential preference claims in a cryptocurrency bankruptcy case.
8 minute read

New York Law Journal

Crypto Goes Bankrupt: What Do Lawyers and Investors Need To Know?

This article explores questions and potential intercreditor issues surrounding two crypto-related bankruptcy cases.
8 minute read

New York Law Journal

Trusts & Estates

In this Special Report: "New York's Latest Legislative Session: What Passed, What Didn't, What's Next," "Mental Health Directives in Estate Planning Engagements," "Practical Considerations When Attempting To Remove an Ineffective Fiduciary," "Maximizing QSBS Income Tax Savings With Trusts," "Being a New York Income Tax Resident: Did 'Matter of Obus' Change the Game?" and "Late Portability Election: New Relief Available."
2 minute read

New York Law Journal

New York's Latest Legislative Session: What Passed, What Didn't, What's Next

The second year of the 2021-2022 legislative session, which began on Jan. 5, 2022, ended on June 2, 2022. Here are some of the most significant developments.
14 minute read

New York Law Journal

Mental Health Directives in Estate Planning Engagements

What if a client has a history of mental illness? Are advance directives sufficient to honor a client's treatment wishes and preferences in that moment? There is a greatly underutilized advance directive for such clients—the psychiatric advance directive (PAD).
6 minute read

New York Law Journal

Late Portability Election: New Relief Available

The IRS has just changed the timeframe for filing a late portability election for federal estate tax purposes. This is extremely important to those who did not timely file a federal estate tax return (Form 706) when the first spouse died.
7 minute read

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