Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
By Michael Sirota and Rebecca Hollander | September 25, 2017
In a June 12, 2017 decision, the U.S. Supreme Court unanimously held that certain consumer finance companies that purchase and collect defaulted debts originated by other lenders are exempt from the strictures of the FDCPA. The case, which turns on who qualifies as a "debt collector" under the FDCPA, has significant implications for the distressed debt industry and will likely lead to industry-wide changes as companies restructure so as to benefit from the guidance contained in this ruling.
By Tom Califano and Rachel Nanes | September 25, 2017
In many instances, government investigations and claims are the tipping points for already distressed health care companies causing them to seek Chapter 11 protection. As discussed herein, governmental involvement in these financial restructurings at the very least complicates the process of reorganizing these entities.
By Adam C. Rogoff, Erica D. Klein and Marsha Sukach | September 25, 2017
Various debt-burdened retailers are looking to their intellectual property assets as a source of untapped value for refinancing transactions. While it remains to be seen which strategies will be most successful, IP assets will play a key role in future retail restructurings. As the value of brick-and-mortar "hard" assets stores becomes tapped out, a retailer's brands, licenses, and associated IP rights may present reliable sources of value.
By Ed Christian, Mark Sherrill and Alex Brown | September 25, 2017
Courts have generally found that make-whole provisions do not provide for the payment of unmatured interest, nor are they unenforceable liquidated damages provisions. It would behoove the court in 'Ultra Petroleum' to continue the precedent on these issues, because failure to do so would call into question the ever-important principle that when evaluating documents governed by New York law, courts will generally defer to the mutual intent of the parties as manifested within the four corners of the document.
By Joshua A. Sussberg, Christopher T. Greco and Patrick Venter | September 15, 2017
Joshua A. Sussberg, Christopher T. Greco and Patrick Venter write: The most common explanation for retail's recent market challenges has been a shift in consumer preferences to online sales. But online shopping only accounts for approximately 10 percent of the retail market share. So what gives?
By Scott Flaherty | September 13, 2017
International disputes law firm Kobre & Kim has continued its string of recent hires with the addition of Daniel Saval, a cross-border insolvency partner who joins the firm's New York office from Brown Rudnick.
By Roy Strom | September 7, 2017
It's been nearly a decade since Irving Picard was appointed trustee of the funds recovered for victims of Bernard Madoff's massive Ponzi scheme. The matter is still generating payouts for victims and Baker & Hostetler, where Picard is a partner in New York.
Delaware Business Court Insider
By Edward E. Neiger | September 6, 2017
This article focuses on filings in the grocery and food distribution sector as companies struggle in the face of pricing fluctuations and increasing online competition. The column delves into the bankruptcy proceedings of Central Grocers, Rupari Food Services and Marsh Supermarkets.
By newyorklawjournal | New York Law Journal | September 1, 2017
Defamation Was Not Personal Injury Tort With No Physical or Psychic Injury
By newyorklawjournal | New York Law Journal | August 31, 2017
Sanctions Award Affirmed Where Evidence Demonstrated Debtor's Intent to Hinder
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