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The Bankruptcy Strategist

Features

Recent Decision Adds to District Split on Post-Purdue Meaning of ‘Consent’ In Opt-Out Releases Image

Recent Decision Adds to District Split on Post-Purdue Meaning of ‘Consent’ In Opt-Out Releases

Matthew R. Brooks

In a post-Purdue world — where non-consensual third-party releases are prohibited — bankruptcy practitioners and courts alike have been required to consider and determine what exactly “consent” means for purposes of soliciting such releases.

Features

Relocation and Other NYC Charges Can Take Priority Over Liens Image

Relocation and Other NYC Charges Can Take Priority Over Liens

Jeffrey B. Steiner & Scott A. Weinberg & Joel C. Haims

New York City laws and regulations relating to buildings provide for many different fees and charges payable to the city which can become liens on the property. While most of these liens will be subordinate to prior recorded mortgages and thus extinguished in a mortgage foreclosure, that is not universally the case,

Features

NJ Bankruptcy Judge Emphasizes Importance of Corporate Governance In Dismissing Ashley Stewart Filing Image

NJ Bankruptcy Judge Emphasizes Importance of Corporate Governance In Dismissing Ashley Stewart Filing

Nicholas Malfitano

A federal bankruptcy court in New Jersey recently dismissed a Chapter 11 filing from former board members of national fashion retailer Ashley Stewart, Inc., securing a win for Roseland firm Mandelbaum Barrett’s bankruptcy practice and emphasizing the importance of corporate governance structure in bankruptcy disputes.

Features

NY Bankruptcy Judge Keeps Alive Citibank Class Action for Refusing to Notify Creditors of Discharge Image

NY Bankruptcy Judge Keeps Alive Citibank Class Action for Refusing to Notify Creditors of Discharge

Alyssa Aquino

A New York bankruptcy judge refused to dismiss Boies Schiller Flexner’s more than decade-old effort to hold Citibank liable on a class basis for allegedly refusing to notify credit reporting agencies of bankruptcy court orders discharging certain consumer debts.

Features

Big Law Bankruptcy Rates Rise, According to Court Filings Image

Big Law Bankruptcy Rates Rise, According to Court Filings

Dan Roe

Annual rate increases at Am Law 100 firms continued to exceed 10% this January in rate increase notices that Big Law firms filed in ongoing corporate bankruptcies. Meanwhile, rate hikes at three Second Hundred law firms showed rate increases by less than 10% for most levels of attorney, although two firms issued bigger bumps for senior associates.

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