Features
Commercial Chapter 11 Filings Down 15% in First Half of 2025
Demand in the bankruptcy portion of the restructuring practice has been a little sluggish this year as commercial Chapter 11 filings declined 15% compared to the same period in 2024, according to a new report from the American Bankruptcy Institute and Epiq.
Features
What to Do With Misappropriated Cryptocurrency Assets Becoming Common Issue In Bankruptcies
How can a court order be served to an anonymous individual during litigation? And if that individual is holding misappropriated cryptocurrency in a self-custodied, anonymous wallet, can those funds be seized and recovered? These questions are becoming more common in digital assets disputes, bankruptcies and litigations.
Columns & Departments
Fresh Filings
Notable recent court filings in entertainment law.
Columns & Departments
Fresh Filings
Notable recent court filings in entertainment law.
Columns & Departments
Players On the Move
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Features
Court Rules Mere Conduit Defense Not Suitable for a Motion to Dismiss
At the motion to dismiss stage, courts usually won't consider affirmative defenses. This issue arose recently in a preferential transfer case, where a defendant sought to dismiss a complaint by arguing it was a mere conduit, not an initial transferee.
Features
Individual Liability of Condominium Sponsor's Principals
When are the principals of a condominium sponsor individually liable for harms suffered by purchasers? In Board of Managers of 570 Broome Condominium, the First Department declined to dismiss a condominium board's fraud and breach of fiduciary claims against individual defendants.
Features
Second Circuit Reinforces Bankruptcy Code Settlement Payment Safe Harbor
The Second Circuit affirmed the lower courts' judgment that a "transfer made … in connection with a securities contract … by a qualifying financial institution" was entitled "to the protection of ... §546 (e)'s safe harbor ...."
Features
Real Property Sale Proceeds Must Be Paid First to Unavoided Portion of IRS Tax Lien
Given the downward pressure on commercial real estate valuations in many areas, and the increasing likelihood that owners of real property will cease paying real property taxes when there is no longer any equity, we decided to report on a recent decision issued by the Ninth Circuit that reversed a decision of the bankruptcy court allocating the distribution of the proceeds of a sale of real property pro rata between the IRS, on account of its tax lien, and the bankruptcy estate.
Columns & Departments
Real Property Law
Scouting Organization's Adverse Possession Claim Against County Land Fails Easement Not Subject to Termination Under RPAPL 1951 Doctrine of Emblements Might Sustain Former Tenant's Claim to Crops Church Property Tax Exempt Because Town Did Not Establish Zoning Violation
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