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New York Law Journal

Drawing Property Lines: Personal Property Versus Real Property Under UCC Article 9

In her Secured Transactions column, Barbara M. Goodstein discusses 'In re Le Tote', which involved an attempt by a secured creditor to enforce payment obligations of Lord & Taylor under a master lease agreement for 24 retail stores. U.S. Bankruptcy Judge Keith Phillips rejected that attempt, citing numerous reasons, but among them being that the plain language of §9-109 applied and the exception under §9-604 did not.
8 minute read

New Jersey Law Journal

BANKRUPTCY

PPP Loan Liability and Bankruptcy -- Defending Lawsuits to Recover Preferential Transfers -- Foreign Investors: Understanding the Chapter 11 Sale Process -- Thanks to 3d Cir, Creditors May Have Clearer Path to Pursue Plunderers of Bankrupt Company -- Considerations That Loom Large Over the Small Business Debtor
2 minute read

New Jersey Law Journal

Considerations That Loom Large Over the Small Business Debtor

This article highlights some recent decisions regarding the Small Business Reorganization Act, including, eligibility requirements, electing treatment under the SBRA, and considerations during the plan confirmation process.
8 minute read

New Jersey Law Journal

Thanks to 3d Cir, Creditors May Have Clearer Path to Pursue Plunderers of Bankrupt Company

In its recent decision in 'In re Wilton Armetale,' the Third Circuit removed one major obstacle to certain creditors by confirming that standing is not an obstacle to them taking the baton back from the trustee and continuing a litigation under some circumstances.
7 minute read

Daily Report Online

IT Firm Rolta International's Chapter 11 Bid Tossed by Bankruptcy Judge

Rolta International's creditors said they are owed more than $200 million by the Alpharetta, Georgia-based IT company, which has offices around the country and in Canada.
3 minute read

New Jersey Law Journal

Foreign Investors: Understanding the Chapter 11 Sale Process

A look at the Chapter 11, section 363 sale process, and the less common plan process. Plus, certain US regulations may be applicable in Chapter 11 when assets are sold to foreign investors. These US regulations are also addressed in this article.
8 minute read

New Jersey Law Journal

A Short Primer on Defending Lawsuits to Recover Preferential Transfers

The Bankruptcy Code and state insolvency laws contain several defenses to the recovery of preferential transfers which often reduce or eliminate the preference exposure in many, if not most, cases. This article provides an overview of the defenses and suggestions to obtain the best settlement possible.
9 minute read

New Jersey Law Journal

PPP Loan Liability and Bankruptcy: Proceed with Caution

Borrowers should carefully assess the accuracy of their loan applications, as well as the evidence of supporting documentation, prior to filing petitions for bankruptcy relief.
7 minute read

New York Law Journal

When the Gloves Come Off: Litigation Issues for Lenders

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.
6 minute read

New York Law Journal

Small Business Bankruptcies Under Subchapter V

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.
8 minute read

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