Aug 26, 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...
Jul 30, 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...
Jul 01, 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...
May 03, 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...
Apr 09, 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...
Mar 28, 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...