Bankruptcy 2023 Review, Cryptocurrency, Student Loan Debt, Commercial Bankruptcy, Forms and More
Josh and I are looking forward to presenting at National Business Institute’s upcoming course, “Bankruptcy Law: 2023 Wrap-Up, Hot Topics,… Read More »
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 »
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 »
Failure to Keep Sufficient Business Records leads to Denial of Bankruptcy Discharge: 11 USC 727(a)(3)
Hernandez v. Shove Docket: 22-9005 Opinion Date: October 6, 2023 Judge: Montecalvo Areas of Law: Bankruptcy, Discharge Denial for Failure… 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 »
Valuation of a Massachusetts’ spouse’s interest in a tenancy by the entirety
This appeal required the Court to assess the propriety of a valuation method espoused in the Bankruptcy Appellate Panel’s (“B.A.P.”)… Read More »
