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Stark & Stark

5 Issues for Landlords During a Bankruptcy Lease Rejection

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When a commercial tenant files for bankruptcy, they have the option to assume or reject unexpired leases. A bankruptcy lease rejection is a significant action, as it communicates the debtor’s intent to hand back the space....more

IR Global

Divorce ‘not on cards’ for Sean Dunne and Gayle Killilea

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The international fraud case Coan et al. v. Dunne et al. emerged when Sean Dunne transferred hundreds of millions of euros to his ex-wife, Gayle Killilea, characterizing these transfers as gifts motivated by love and...more

Herbert Smith Freehills Kramer

Bad ‘Timing’: Southern District of New York Bankruptcy Court Adopts Time Approach to Limiting Landlord Lease Damages, but Other...

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When enacting the Bankruptcy Code, Congress sought to strike a balance amid the confluence of different — and often competing — interests held by debtors, secured creditors and various unsecured creditor constituencies...more

Greenbaum, Rowe, Smith & Davis LLP

NJ Supreme Court Ruling Addresses Enforceability of Arbitration Clauses in Construction Defect Disputes Involving Direct Claims...

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What You Need to Know- •The issue at hand in this case involved an interpretation of the statutory construction of New Jersey’s Direct Action Statute, which permits a judgment creditor holding an unsatisfied judgment to...more

Spilman Thomas & Battle, PLLC

All Consuming - Financial Litigation Insights: Issue 4, August 2020

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Welcome! Welcome to August’s issue of All Consuming. This month, we are taking a deep dive into discharges in bankruptcy and then reviewing several top news stories in the world of consumer finance. We hope you find value...more

Hinshaw & Culbertson LLP

Wisconsin Supreme Court Rules Creditor's Failure to Send a Right to Cure Notice is not Grounds for a Monetary Damages Claim

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A debtor ("Kirsch") recently sought monetary damages from his creditor ("Security Finance"), arguing that Security Finance had failed to provide sufficient notice of right to cure before commencing a debt collection action,...more

Spilman Thomas & Battle, PLLC

WVCCPA and the 2018 West Virginia Legislative Session Update #1

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The 2018 West Virginia Legislative Session ended last week, and the legislature has rejected two bills that would have modified the Consumer Credit and Protection Act (“WVCCPA”), the primary statute in West Virginia that...more

Buchalter

What Creditors Need to Know - Two Recent Bankruptcy Rulings Affect Rights and Risks Regarding the Automatic Stay

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Immediately upon the commencement of a bankruptcy case an automatic stay prohibits actions against the debtor to, among other things, collect pre-petition obligations and to obtain control over property of the bankruptcy...more

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