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Appellate Court Holds FCC Penalty Claim Survives Chapter 11 Corporate Debtor's Discharge Image

Appellate Court Holds FCC Penalty Claim Survives Chapter 11 Corporate Debtor's Discharge

Michael L. Cook

A Chapter 11 corporate debtor's monetary penalty obligation owed to the FCC, resulting from "fraud on consumers," survived the debtor's reorganization plan discharge, even when the FCC "was not a victim of the fraud," the U.S. District Court for the Southern District of New York recently held.

Columns & Departments

Fresh Filings Image

Fresh Filings

ssalkin

Notable court filings in entertainment law.

Features

Payment Under Critical Vendor Order Does Not Bar Pursuing a Preference Claim Image

Payment Under Critical Vendor Order Does Not Bar Pursuing a Preference Claim

Andrew C. Kassner & Joseph N. Argentina Jr.

A supplier's receipt of payment under a critical vendor order does not bar the debtor or trustee from pursuing a preference claim to recover amounts paid prepetition to the vendor, according to a recent ruling from the U.S. Bankruptcy Court for the District of Delaware.

Columns & Departments

Real Property Law Image

Real Property Law

NYRE Staff

Absent Express Language, Restrictive Covenant Does Not Run With the Land Mortgagee Not Entitled to Expungement of Satisfaction Junior Mortgagee Entitled to Rely on Erroneously Recorded Satisfaction of Senior Mortgage Easement Holders Entitled tTo Pave Easement to Improve Access Federal Government Not Liable for Erosion Damages Caused By Alleged Failure to Maintain Jetties Representations and Warranties Survive Closing

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

NYRE Staff

Disability Discrimination Claim Dismissed As Moot

Features

Real Estate Acquisition Volume on Fast Track, But Leases Slower to Rebound Image

Real Estate Acquisition Volume on Fast Track, But Leases Slower to Rebound

Jeffrey M. Gussoff & Adriana M. Peters

Flexibility, creativity, and other tips for commercial leasing as 2021 comes to a close.

Columns & Departments

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Bit Parts

Stan Soocher

Manager's Law License Considered in California Personal Jurisdiction Ruling in Dispute Involving Rapper Lil Wayne

Features

Bankruptcy Court Provides Clarity on Unwritten Elements of Avoidance Actions under the Bankruptcy Code Image

Bankruptcy Court Provides Clarity on Unwritten Elements of Avoidance Actions under the Bankruptcy Code

Rudolph J. Di Massa Jr. & Drew S. McGehrin

The U.S. Bankruptcy Court for the District of New Mexico recently ruled that any attempt to avoid preferential or fraudulent transfers must be supported by evidence that the avoidance will benefit the debtor's estate and the debtor's creditors — not just the debtor itself.

Columns & Departments

Development Image

Development

NYRE Staff

Board of Appeals Made Inadequate Efforts to Accommodate Religious Use

Features

Legal Tech: The Secret Life of E-Discovery Funding Image

Legal Tech: The Secret Life of E-Discovery Funding

Victoria Hudgins

The true extent of funding amounts fueling legal tech and e-discovery software companies will likely never be widely shared. The reason is simple: Without regulatory requirements, the competitive risks of disclosing these investments regularly outweighs any potential benefits.

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