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 »
In Case You Missed New Hampshire Business Review….
For over 20 years, I have represented creditors and small businesses, usually in complex commercial litigation cases, primarily in bankruptcy… 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 »
