Searching Content indexed under Insolvency/Bankruptcy/Re-structuring by Moritt, Hock & Hamroff LLP ordered by Published Date Descending.
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Lessor Repossession Of Property On Eve Of Lessee Bankruptcy: Voluntary Turnover Or Face Contempt
Lessors who repossess property immediately prior to a lessee bankruptcy filing may be required to return such property or face sanctions by the bankruptcy court.
United States
20 Aug 2019
Trustee Litigation Trend: Tuition Clawback
"An investment in knowledge always pays the best interest." Benjamin Franklin, The Way to Wealth: Ben Franklin on Money and Success (1758).
United States
15 Aug 2019
Bankruptcy Court Determines That The Right Of A Surety To Recover Retainage In A Construction Contract Due To Equitable Subrogation Is Superior To A Creditor's Security Interest Even If Perfected
The decision presents an important take away for secured lenders-- if a construction project is incomplete, securing their loan solely with a security interest in a contractor's accounts receivables is a risky decision.
United States
30 Jul 2019
Mediating Valuation Disputes
The bankruptcy courts have been continuously at the forefront of the many courts embracing mediation as a tool to resolve disputes.
United States
16 Jul 2019
Chapter 15: Court Permits Foreign Debtors To Access And Transfer Funds In A US Account
On 29 January 2019, Judge Martin Glenn, of the Southern District of New York (SDNY) Bankruptcy Court, in the case of ENNIA Caribe Holding,
United States
17 May 2019
Lenders Beware: Acceleration May Defeat Right To Prepayment Premium
Moritt Hock & Hamroff counsel Theresa Driscoll takes a look at the recent Second Circuit Momentive decision and uses it to examine the importance of clarity in drafting loan documents and understanding what loan documents say, ...
United States
22 Jan 2019
Is Arbitration In Bankruptcy Cases A Viable ADR Option?
Bankruptcy practitioners are generally familiar with the significant growth that has been happening in the use of mediation as a means of resolving disputes within bankruptcy cases.
United States
16 Jan 2019
Bill Could Make Ch. 11 A Viable Option For Small Businesses
In a much needed and welcomed bipartisan effort, Sen. Chuck Grassley (R-Iowa) and Sen. Sheldon Whitehouse (D-R.I.) introduced a bill last week that, if approved, would make bankruptcy...
United States
12 Dec 2018
Will A Blue Wave Wash Away Tax Benefits For Wealthy New Yorkers?
Tax advisers have been struggling all year with how to best guide high-net-worth and business clients seeking to capture the benefit of the federal tax reform, especially its lower rates and greatly enlarged unified estate and gift exemption amount.
United States
30 Oct 2018
Recent Decisions Pertaining To Chapter 15
Recently, the judges of the Bankruptcy Court of the Southern District of New York issued three decisions addressing Chapter 15 the United States' adoption of the Model Law on Cross Border Insolvency (Model Law).
United States
11 Oct 2018
Drawing The Borders On Chapter 15 Bankruptcy
April 2018 was a very busy month for the interpretation and application of Chapter 15 in the U.S. Bankruptcy Court ...
United States
27 Sep 2018
Cybersecurity And Potential Healthcare Bankruptcy: The Continuing Intersection Of Data And Disaster
This article will identify the various means by which third parties can easily access data, what data theft can lead to, and how several organizations, including healthcare companies...
United States
7 Jun 2018
Limitations On Adjudicating Disputes Involving Medicare Provider Agreements
The power of bankruptcy courts to adjudicate Medicare provider agreements has been addressed by several circuit courts in recent years. Given the distressed nature of the health care industry...
United States
22 Jun 2017
Medicare's Jurisdictional Bar And The Bankruptcy Code
One of the many issues that hospitals and other health care providers face when they become insolvent is addressing their Medicare provider agreements and the prohibitions contained within the Medicare Act.
United States
23 May 2017
Do's & Don'ts Of Gifting In Bankruptcy: When A Court Will Look A Gift Horse In The Mouth
The gifting doctrine in bankruptcy is not new and often is used to obtain creditor consensus to a debtor's proposed exit – either through a chapter 11 plan or a 363 sale.
United States
15 Dec 2015
Will Section 363 Become A New Chapter Of The Bankruptcy Code?
During the volatile economic climate of recent years, expedited 363 sales have been favored over more traditional reorganizations under Chapter 11.
United States
14 Dec 2015
Mediating With The New Kid In Town
Mediation in the bankruptcy forum is a unique process different than other types of mediation.
United States
30 Dec 2014
Strategies For Acquiring Assets In U.S. Bankruptcy Cases-Changes In The Law
A key strategy in acquiring assets from a bankruptcy estate is by utilising existing debt and liens to credit bid for the assets that may be in play.
United States
15 Oct 2014
Mediating With A Litigation Committee Or Trust
While mediation is used in many forums, mediation in the bankruptcy context at times offers some very unique and key distinctions.
United States
16 Apr 2014
Debtors' Delusions Of Bankruptcy
Bankruptcy is intended to provide debtors with the opportunity of a fresh start by modifying their debt obligations.
United States
24 Mar 2014
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