Don’t forget you can visit MyAlerts to manage your alerts at any time.
February 27, 2024 | The Legal Intelligencer
Continuing our series on distressed real estate cases, we again decided to report on two cases that present different issues. One involves the debtor's sale of real estate over the objection of the secured lender, which was approved. The other involves a debtor's attempt to enjoin a construction bond company from continuing to pay claims by subcontractors after the filing of the bankruptcy case, which was denied.
By Andrew C. Kassner and Joseph N. Argentina Jr.
10 minute read
December 14, 2023 | The Legal Intelligencer
We are reporting on two recent decisions regarding distressed real estate bankruptcies, both of which involve rights of real estate lenders against proceeds of collateral other than the real estate itself.
By Andrew C. Kassner and Joseph N. Argentina Jr.
8 minute read
October 13, 2023 | The Legal Intelligencer
Many clients are not aware that the Bankruptcy Code provides that, upon the filing of a bankruptcy case, the receiver is required to give back possession of the mortgaged property to the debtor unless the lender obtains an order from the Bankruptcy Court excusing the receiver from this requirement.
By Andrew C. Kassner and Joseph N. Argentina Jr.
11 minute read
September 1, 2023 | The Legal Intelligencer
The court found that a contract to produce a documentary television series by a media company was not a personal services contract under applicable nonbankruptcy law and approved assignment of the contract to the company's secured lenders in connection with the lenders' purchase of the debtors' business.
By Andrew C. Kassner and Joseph N. Argentina Jr.
7 minute read
July 6, 2023 | The Legal Intelligencer
In recent years, as extensive pre-bankruptcy planning has evolved, bankruptcy filings frequently involve affiliates of larger companies, engineered with a structuring of liabilities in mind. This is especially relevant in the area of mass tort litigation. The question of whether these targeted filings are for a legitimate bankruptcy purpose or should be dismissed has been the subject of significant high-profile litigation.
By Andrew C. Kassner and Joseph N. Argentina Jr.
10 minute read
April 13, 2023 | The Legal Intelligencer
Certain types of agreements, such as real estate leases, clearly are executory contracts subject to assumption or rejection in bankruptcy cases. But what about the partnership agreement itself, or an option to purchase, or a right of first refusal contained in a partnership agreement?
By Andrew C. Kassner and Joseph N. Argentina Jr.
9 minute read
February 27, 2023 | The Legal Intelligencer
This case demonstrates that strong beliefs are not enough, but counsel presenting extensive evidence of repeated extraordinary behavior can be enough to support the issuance of prejudgment relief by a court.
By Andrew C. Kassner and Joseph N. Argentina Jr.
10 minute read
December 1, 2022 | The Legal Intelligencer
What rights does a tenant have with regard to the security deposit delivered by the tenant to the landlord to secure the tenant's performance under the lease when the landlord files for bankruptcy and rejects the lease?
By Andrew C. Kassner and Joseph N. Argentina Jr.
8 minute read
October 13, 2022 | The Legal Intelligencer
In an opinion issued Aug. 3 in In re Hawkeye Entertainment, (Case No. 21-56264), the U.S. Court of Appeals for the Ninth Circuit held all the requirements for assumption were triggered even though the defaults had been cured or were not material but the debtor could assume the lease because the defaults in bankruptcy were not material enough to require any further undertakings by the debtor going forward.
By Andrew C. Kassner and Joseph N. Argentina Jr.
8 minute read
September 5, 2022 | The Legal Intelligencer
In an opinion issued by the U.S. Court of Appeals for the Fifth Circuit dated Aug. 11, in a case styled In re Falcon V, case no. 21-30668, the court held a surety bond is not an executory contract, and the debtor's obligations under the bonds could not be enforced.
By Andrew C. Kassner and Joseph N. Argentina Jr.
7 minute read
Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession.
Daily Business Review honors attorneys and judges who have made a remarkable difference in the legal profession in Florida.
Consulting magazine is proud to recognize this unique group of movers and shakers at our annual Rising Stars of Profession awards.
Seeking Estate Administration Attorney for busy boutique office. Huge upside potential and growth opportunity.NYS Bar Admission and relevan...
Description: Fox Rothschild LLP has an opening in the San Francisco, CA office for an associate in our Labor & Employment Department. Th...
Our client, a mid-sized Atlanta based litigation firm, is seeking to add an associate to their expanding ranks. Ideal candidates will have 2...
Professional Announcement
Frederick D. Miceli has joined the firm as Of Counsel
Professional Announcement
