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May 20, 2024 | National Law Journal

New York Reaches $2B Settlement with Bankrupt Crypto Lender Genesis

The settlement resolved a lawsuit James' office filed in state Supreme Court of Manhattan in October and establishes a victims' fund for Genesis' creditors, with the firm neither admitting nor denying the allegations.

3 minute read

May 20, 2024 | New York Law Journal

NY Reaches $2B Settlement With Bankrupt Crypto Lender Genesis

The settlement resolved a lawsuit James' office filed in state Supreme Court of Manhattan in October, and establishes a victims' fund for Genesis' creditors, with the firm neither admitting or denying the allegations.

3 minute read

May 20, 2024 | The Legal Intelligencer

Always Ask for Permission and Never Forgiveness: Court Clarifies Self-Executing Nature of Certain Nondischargeable Debts

The Bankruptcy Code has excepted certain debts that are incapable of being discharged as a matter of right, including, without limitation, certain "qualifying" loans used to fund a debtor's education. For a debtor to be able to receive a discharge of such loans, the debtor must file a lawsuit and obtain a judgment determining their dischargeability.

8 minute read

May 17, 2024 | Daily Business Review

Bankruptcy and Indubitable Equivalent Value—When Is a Prior Value Determination or Stipulated Value Not the Value of the Business?

A forensic accountant, litigation consultant or a business valuation expert is often tasked with the prospect of "interpreting" clauses in an agreement from a financial point of view without expressing a legal opinion. In addition, the expert may be required to then determine the financial consequences of that interpretation.

9 minute read

May 16, 2024 | New York Law Journal

Recent Retail Industry Bankruptcy Cases

This issue of the Bankruptcy Update focuses on the recent retail industry bankruptcy cases of 99 Cents Only, Express and JOANN.

5 minute read

Law Journal Press | Digital Book Massachusetts Legal Ethics & Malpractice 2017 Authors: James S. Bolan, Sara N. Holden View this Book

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May 14, 2024 | New York Law Journal

A Deed In a Box: A Rare NY Case Where It Was Tied Up With Bow

A seemingly tidy and fair solution to a very complicated problem, a deed in escrow gives a borrower additional time to sell or refinance its property while still giving the lender an efficient means to obtain the property if the borrower defaults anew. This is hardly a gift in New York though, where the oft-called "deed in a box" is almost always held to be unenforceable.

6 minute read

May 13, 2024 | Texas Lawyer

225 Docket Entries in 7 Days in Case Where AGs Want Bankruptcy Investigated

"These investments have all the appearances of a Ponzi scheme that is continuing to harm Steward-owned hospitals," said U.S. Sens. Elizabeth Warren and Ed Markey.

4 minute read