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Escape New York: Court Dismisses NRA's Chapter 11 As Improper Tactic to Avoid New York's Non-Profit Regulatory Scheme Image

Escape New York: Court Dismisses NRA's Chapter 11 As Improper Tactic to Avoid New York's Non-Profit Regulatory Scheme

Steven B. Smith & Silvia Stockman

This article explores the competing factors the Bankruptcy Court considered and the rationale underlying its decision to grant the drastic relief of dismissing the NRA's bankruptcy case.

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

NYRE Staff

Rent Act of 2015 Did Not Re-Regulate Deregulated Apartments Tenant Waiver of Claims for Lost Profits Upheld Landlord Not Liable for Tenant on Tenant Harassment

Features

Obtaining Administrative Claim Status When Doing Business With a Debtor Image

Obtaining Administrative Claim Status When Doing Business With a Debtor

By Andrew C. Kassner & Joseph N. Argentina Jr.

How is administrative claim status obtained in a bankruptcy case, and what risks does a service or goods supplier take by continuing to do business with the debtor after commencement of the bankruptcy case?

Features

Use of Deferred Prosecution Agreements In White Collar Investigations Image

Use of Deferred Prosecution Agreements In White Collar Investigations

Elkan Abramowitz & Jonathan S. Sack

This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Intermediate Access Theory Rejected in Copyright Infringement Lawsuit Over Home-Renovation TV Show

Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

NYRE Staff

Bylaw Provision Authorized Award of Fees Against Unit Owner

Columns & Departments

IP News Image

IP News

Howard Shire & Shaleen Patel

Federal Circuit, Citing Forum-Shopping, Transfers Patent Cases to California

Features

Trustee Rights and Obligations When Debtor's Ch. 11 Case Converts to Ch. 7 Image

Trustee Rights and Obligations When Debtor's Ch. 11 Case Converts to Ch. 7

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

U.S. Bankruptcy Court for the District of Delaware court held that a Chapter 7 trustee was bound by the pre-conversion actions of the debtors, and that the trustee would not be permitted to step into the shoes of the then-dissolved official committee of unsecured creditors to pursue certain causes of action.

Features

Landlord Not Liable for Harassment by Fellow Tenants Image

Landlord Not Liable for Harassment by Fellow Tenants

Stewart E. Sterk

In Francis v. Kings Park Manor, Inc., the Second Circuit upheld dismissal of tenant's claims against a landlord who failed to take action against a harassing tenant. The court's holding did not give landlords a free pass, but it did establish that to survive dismissal, a harassed tenant's complaint will have to include more than bare-bones allegations of intentional discrimination.

Columns & Departments

Real Property Law Image

Real Property Law

NYRE Staff

Easement By Prescription and Easement By Estoppel Claims Entitle Owner to Preliminary Injunction Right of First Refusal Valid Under Rule Against Perpetuities Easement Holder Not Liable for Trespass Mortgagor Entitled to Cancellation When Mortgagee's Beneficiaries Ratified Transaction

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