30 Oct, 2024 Third Circuit Confirms that An All Assets Lien Does Not Extend to Commercial Tort Claims Unless the Claim is Specifically Described By Bethany D. Simmons Noah Weingarten In re Main Street Business Funding, LLC, No. 23-2430 (3d Cir. Sept. 5, 2024) (Ambro, J.), the Third Circuit confirmed that an all-assets...
09 Oct, 2024 Bankruptcy Court Refuses to Grant Liens on Avoidance Claims By Noah Weingarten Bethany D. Simmons In In re BDC Group, Inc., No. 23-00484, 2024 Bankr. LEXIS 2105 (Bankr. N.D. Iowa), the Iowa bankruptcy court held that a pre-petition...
26 Aug, 2024 Third Circuit Decision Provides a Cautionary Tale in Negotiating Future Payment Rights By Bethany D. Simmons Noah Weingarten In MaIlinckrodt PLC v. Sanofi-Aventis U.S. LLC, No. 23-1111, the U.S. Court of Appeals for the Third Circuit affirmed a Delaware...
30 Jul, 2024 Another Bankruptcy Court Refuses to Dismiss Cannabis Case By Noah Weingarten Bethany D. Simmons As previously reported here, bankruptcy courts appear increasingly willing to allow debtors with businesses related to the cannabis...
01 Jul, 2024 Bankruptcy Court Allows Secured Creditor to Be Paid from $5 Million Bond and Enforces Default Rate Interest Agreement and Intercreditor Agreement By Noah Weingarten Bethany D. Simmons In In re Flatbush Rho Mezz LLC, the U.S. Bankruptcy Court for the Southern District of New York allowed a secured creditor to be paid the...
03 May, 2024 SDNY Bankruptcy Court Clarifies Interplay of Amended RPAPL 749(3) to Bankruptcy Automatic Stay By Noah Weingarten Bethany D. Simmons In In re New Dragon Toy Wholesale, Inc., Chief Bankruptcy Judge Martin Glenn denied a debtor/tenant’s motion for a temporary restraining...
09 Apr, 2024 Recent SDNY Decision Provides Guidance on How to Calculate Landlord Lease Rejection Claims in Bankruptcy By Bethany D. Simmons Noah Weingarten When a bankruptcy debtor rejects a lease, a landlord is entitled to a rejection damages claim. Under Section 502(b)(6) of the Bankruptcy...
28 Mar, 2024 Southern District of New York Rejects Involuntary Third-Party Release in Subchapter V Bankruptcy Case By Noah Weingarten Bethany D. Simmons In In re Hal Luftig Company, Inc., the U.S. District Court for the Southern District of New York (Judge Denise L. Cote), denied...