Sub V Plan with Non-debtor Release Approved over Opposition from Affected Investor Class: 11 USC § 1191 CramDown
In re Hal Luftig Co., 22-11617 (Bankr. S.D.N.Y. November 22, 2023). If the Supreme Court decides in Purdue that bankruptcy… Read More »
Category: Litigation
11 U.S.C. § 546(e) Securities Settlement Transfer Affirmative Defense for Financial Institutions is a Safe Harbor
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT 20-3257-cv (L), In re Nine West LBO Sec. Litig. August Term… Read More »
In Subchapter V, a Class with No Votes Isn’t Counted (and a flute with no holes is not a flute)
Two bankruptcy judges in Houston agree: In confirming a chapter 11 plan in Subchapter V, a non-voting, impaired creditor class… Read More »
Massachusetts Supreme Judicial Court: No Two Bites at the Apple after Single Justice Decision on Use & Occupancy
Massachusetts SJC-13452 CUMMINS REALTY TRUST vs. FRANK O’NEILL. October 13, 2023. Summary Process, Appeal Practice, Civil, Summary process. Supreme Judicial… Read More »
Wetlands Conditional Use Permit (CPU)
Appeal of Beal, et al. Docket: 2022-0182 Opinion Date: October 12, 2023 Judge: Gary E. Hicks Areas of Law: Environmental… Read More »
Commercial Real Estate: Liquidated Damages Clause in P&S Unenforceable in NH Bankruptcy Court, in re Hooksett Landing, LLC, 2023 BNH 005
Ford, McDonald, McPartlin & Borden, P.A. v. Hooksett Landing, LLC (In re NH Highway Hotel Grp.), 2023 BNH 005 (awarding… Read More »
SARE, NOT SARE: Single Asset Real Estate in Bankruptcy
Single asset real estate is defined in the Bankruptcy Code as a single property or project that generates substantially all… Read More »
Attorney Amann presents talk on Fraudulent Transfers for National Business Institute….and has to wing it (kind of).
Fraudulent Transfer power point slides NBI August 17 2023 Degiacomo vs. sacred heart in re Palladino 548 clawback Traverse 548… Read More »
Follow Up to
Berkowitz v Invaleon Techs Corp In re Rowley Solar LLC BAP 1st Cir 2023 As a quick follow up to… Read More »
COVID Shutdown was NOT “Frustration of Purposes” in a Commercial Lease
The COVID shutdown was devastating for many businesses, especially those that relied on foot traffic or provided up-close and personal… Read More »
