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Part Two of a Two-Part Article In Part Two, we continue the analysis by evaluating two constitutional issues arising from third-party releases: whether creditor consent to be bound by a third-party release is required to satisfy the due process clause of the Fifth and Fourteenth Amendments; and whether bankruptcy courts have constitutional authority to issue final orders granting third-party releases in a plan of reorganization under Stern v. Marshall.
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In a matter of first impression not yet addressed by any circuit court, the Fourth Circuit addressed whether the discharge exceptions under Section 523(a) apply to corporate debtors under Subchapter V of Chapter 11 of the Bankruptcy Code.
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Many courts across the country have resumed in-person trial operations. Law firms now face new challenges when it comes to planning for out-of-town trials, as the return to in-person proceedings requires coordinating travel logistics such as airfare, hotel reservations and technological needs.
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On March 16, 2023, the Court of Appeals decided Casey v. Whitehouse Estates, Inc., the first Court of Appeals ruling to address rent regulation since its landmark decision in Matter of Regina Metro. Co., LLC v. New York State Div. of Hous. & Community Renewal, the Court of Appeals unanimously reversed the First Department's finding that the landlord's purported fraud mandated use of DHCR's so-called default rent formula.
Columns & Departments
Sand Mine Enjoys Nonconforming Use Protection Contract Vendee Entitled to Use Variance Despite Knowledge of Ordinance's Provisions
Columns & Departments
Strict Liability for Excavation Damage Easement Was Non-Exclusive Purchaser's Claims Barred By Merger Doctrine, Caveat Emptor Purchaser's Claim Based on Inoperative Elevator Dismissed In the Absence of Active Concealment Deed Forgery Claim Survives Motion to Dismiss
Columns & Departments
Wrongful Eviction Claim Raises Questions of Fact Yellowstone Injunction Cure Period
Features
The Northern District of California recently issued two blistering opinions on appeals by the IRS and California Franchise Tax Board from a bankruptcy court's Chapter 11 plan confirmation order and a tax determination order.
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Larger commercial real estate mortgage loans are often originated by a group or "syndicate" of lending institutions that each contribute a portion of the overall loan proceeds and share the benefits and risks. This article describes several significant features of a "syndicated" real estate loan that are not commonly known or understood.
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Recent, big-name Chapter 11 filings have brought to the light the importance of insurance solutions for companies in financial distress, as companies in this situation face oftentimes new and uncharted issues.