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Daily Business Review

Tips to Minimize Landlord's Exposure When a Commercial Tenant Files Bankruptcy

Landlords often have clues that a tenant is going to be filing for bankruptcy, rental payments are consistently late several months in a row and the tenant falls more than a month behind on the rent.
5 minute read

The Legal Intelligencer

SCOTUS Rejects Broad Discovery Rule for Debt Collection Actions

Writing for the majority, Justice Clarence Thomas said that, despite Congress having included language allowing for broad discovery rules in other statutes, the language of the FDCPA clearly said the statute of limitations began to run at the time the violation occurred.
4 minute read

New York Law Journal

Uniform Voidable Transactions Act Signed Into Law

On Dec. 6, 2019, Gov. Andrew Cuomo signed legislation modernizing New York's 95-year-old fraudulent conveyance law and making it consistent with the U.S. Bankruptcy Code and the law of at least 44 other states.
7 minute read

New York Law Journal

Winning Lawyers in Palm Restaurant Case Awarded $4.5 Million in Fees, but Bankruptcy May Delay Payment

The suit, which involved the descendants of the two Italian immigrants who founded the first Palm on Manhattan's Second Avenue in 1926, led Justice Andrea Masley to award more than $120 million to the plaintiffs in November 2018.
4 minute read

New York Law Journal

CPLR §206(a) and §22 Notice of the Fannie Mae New York Form Mortgage

The Fannie Mae New York form mortgage does not contain an acceleration clause. Instead, §22 of the form creates a right of the mortgagee to demand payment in full, without regard to the maturity date of the underlying debt.
20 minute read

Daily Business Review

How a Pro Se Litigant Got a Second Round Against JPMorgan

The plaintiff sued JPMorgan Chase Bank over an alleged false entry on his credit report.
4 minute read

Daily Business Review

What It Means to Be a Debt Collector After 'Obduskey' Ruling

As consumer debt rises in the United States, rulings such as the U.S. Supreme Court's recent decision in Obduskey v. McCarthy & Holthus, are increasingly more important to the consumer debt industry.
5 minute read

New York Law Journal

Developers Beware: Understanding the Legal Risks Of Debt Financing In Property Development

Todd Soloway and Bryan Mohler explore the common forms of debt financing, and the particular considerations and legal issues involved when a lender seeks to foreclose.
8 minute read

Daily Report Online

Judge: Old Arbitration Agreement Can't Shield Comcast From FCRA Class Action

The plaintiff, a former customer considering coming back to Comcast, said he was on the phone with a representative who initiated a "hard pull" of his credit report without permission, causing his credit score to drop immediately.
6 minute read

New York Law Journal

Madoff Trustee Loses Bid to Recover $343M From Citi in Clawback Suit

While Citi was "reckless and deliberately indifferent" to the risk Bernie Madoff presented, its actions did not rise to the level of "willful blindness" necessary to claw back the funds, the judge concluded.
4 minute read

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Legal Speak is a weekly podcast that makes sense of what’s happening in the legal industry.

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