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Daily Business Review

Being Part of a Failing Business Kickstarted Miami Attorney Allison Day's Bankruptcy Career

Miami lawyer Allison Day had never given the world of bankruptcy a moment's thought until she was unwillingly thrust into it, having gotten involved in a business that didn't work out. But after watching her bankruptcy attorney work his magic, Day was hooked.
7 minute read

New York Law Journal

Threshold Issues in Judgment Enforcement Proceedings When Prosecuting a Non-Party Witness for Contempt

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.
8 minute read

New York Law Journal

Retaining the 'Right' Retainer: Classic, Security or Advance-Payment?

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.
8 minute read

The Recorder

'The Vultures Are Swooping.' Trustee Named to Girardi Keese Bankruptcy

Elissa Miller, a partner at Los Angeles-based SulmeyerKupetz, will serve as interim trustee for the bankruptcy of Girardi Keese, according to a notice filed on Wednesday.
5 minute read

New York Law Journal

The Savings Clause: Issues in Foreclosure Defense Cases

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.
7 minute read

New York Law Journal

UCC Mezzanine Loan Collateral Sales: Commercial Reasonableness During COVID

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.
8 minute read

Daily Business Review

How South Florida Attorneys Lifted 1st Movie Theater Out of COVID-19 Bankruptcy

The COVID-19 pandemic created a "unique environment of pressure on all sides" in this bankruptcy case, debtor's counsel said.
5 minute read

Daily Business Review

South Florida Attorney Thwarted by 'Fine Print' in Nuisance Call Suit

The attorney claimed he was tricked into consenting to receive telephone calls, but the appellate panel saw things differently.
4 minute read

New York Law Journal

CNH Diversified (Marblegate 2.0) and Strict Foreclosure

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.
11 minute read

New York Law Journal

Judge Considers Case Involving Debtor's Confusion Over 2 Collection Letters

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.
8 minute read

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