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New York Law Journal

Use of Illegal Gambling Proceeds To Fund Loan Does Not Void Agreement

The decision in 'Centi v. McGillin' clarifies the limits of New York's "illegality" defense, and confirms the court's strong preference for enforcing private agreements according to their terms.
6 minute read

New Jersey Law Journal

The Patient Care Ombudsman: A Different Type of Estate Professional

Given that hospital bankruptcies are on the rise, the role of the patient care ombudsman is becoming more necessary and commonplace. The key challenge the courts face is striking a balance between ensuring ongoing proper patient care while maximizing the bankruptcy estate.
7 minute read

New Jersey Law Journal

Chapter 11's New Subchapter V: What You Need to Know About the SBRA

The Small Business Reorganization Act, which becomes effective on Feb. 19, 2020, seeks to address problems encountered by small business debtors in reorganizing under the provisions of the United States Bankruptcy Code.
8 minute read

New Jersey Law Journal

Must Repossessed Vehicle Be Returned Immediately Upon Debtor's Filing for Bankruptcy?

An all too common occurrence today is a debtor filing a Chapter 13 bankruptcy petition to regain possession of a vehicle that was repossessed pre-petition. Does the creditor have to return the vehicle at the debtor's request? Will failure to return the vehicle expose the creditor to damages for violation of the automatic stay?
9 minute read

New Jersey Law Journal

Three Recent Developments in Third Circuit Bankruptcy Law

Bankruptcy and corporate restructurings continue to be active despite generally strong U.S. financial markets and broader macroeconomic conditions. This is a brief overview of three recent and noteworthy bankruptcy decisions within the Third Circuit.
9 minute read

Daily Business Review

Possibility of Applying Fraud-Specific Discovery Rule to FDCPA Suits Left Open

On Dec. 10, 2019, the U.S. Supreme Court ruled 8-1 that the one-year filing deadline for Fair Debt Collection Practices Act (FDCPA) lawsuits is determined from when the alleged violation occurs, not when it is discovered.
5 minute read

Texas Lawyer

Fifth Circuit Unravels FDCPA Class Action After Finding No Common Issue

A panel of the U.S. Court of Appeals for the Fifth Circuit, including two Trump appointees, also found there were "substantial questions" about the standing of unnamed class members but based its ruling on the plaintiff's lack of commonality, typicality and predominance.
4 minute read

Law.com

First Circuit Puts Universities at Risk for Claw Back of Tuition Payments

This long-awaited decision represents the first instance in which a Federal Court of Appeals addressed the issue of whether a debtor-parent receives "reasonably equivalent value" for the payment of a child's tuition once the child has attained the age of 18.
9 minute read

New York Law Journal

Show You the Money … How Will Depend on Your Note or Guaranty

There is an open question as to whether a guarantor's promise to perform obligations other than the payment of the principal's debts disqualifies the guaranty from the purview of CPLR 3213. This article explores how that question is answered in the Second and First Departments.
8 minute read

New York Law Journal

Sustainability Linked Loans: A Growing Market

The market for sustainable debt products reached $247 billion in 2018. $36.4 billion of that debt comprised sustainability linked loans. And market analysts expect that number to grow considerably in the foreseeable future.
8 minute read

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