By: Michele K. Jaspan, Esq. Introduction In a significant legal victory for lenders, the Supreme Court of New York recently ruled in favor of our lender client in a residential foreclosure action against the estate of its...
WARN Update: Delaware Bankruptcy Court Issues Decision Analyzing the Application of the WARN Act in Chapter 11
Jan 21, 2025
By: Michael L. Moskowitz, Esq. and Melissa A. Guseynov, Esq. The Worker Adjustment Retraining Notification Act (“WARN Act”), as well as certain state statutes, require employers to provide employees with advance notice of...
By: Michele K. Jaspan, Esq. In a recent decision, the Supreme Court in Queens County denied lender’s motion for summary judgment and appointment of a referee to compute in a foreclosure action, finding triable issues of...
LENDER ALERT: Maintaining Clear Communication with Borrower is Key to Enforcing Contractual Rights
Dec 11, 2024
By: Michele K. Jaspan, Esq. This article discusses a recent court decision upholding a lender’s contractual rights and a borrower’s obligations concerning a cooperative loan and shareholder agreement. The case highlights...
Creditor Alert: A Confession of Judgment Is Not Removable to Federal Court Based on a Related Bankruptcy Filing
Dec 11, 2024
By: Michael L. Moskowitz, Esq. A recent decision from the Southern District of New York provides insight for creditors seeking to enforce judgments against debtors who subsequently file for bankruptcy. In Honeedew Investing...
New York Bankruptcy Court Authorizes Service via Non-Fungible Tokens on Cryptocurrency Wallet Owners
Oct 25, 2024
By: Moish E. Peltz, Esq., Kyle M. Lawrence, Esq., Richard E. Weltman, Esq., Michael L. Moskowitz, Esq., and Michele K. Jaspan, Esq. A recent decision by the United States Bankruptcy Court for the Southern District of New York...
By: Michael L. Moskowitz, Esq. and Melissa A. Guseynov, Esq. In a recent decision of interest, the Bankruptcy Court for the Eastern District of Michigan held that a non-compete clause within a franchise agreement as well as...
By: Michael L. Moskowitz, Esq. and Melissa A. Guseynov, Esq. Bankruptcy Judge Andrew B. Altenburg Jr., sitting in the United States Bankruptcy Court for the District of New Jersey, recently held that as a result of...
Understanding Celsius Network Adversary Proceedings: An Insight into the Complexities of Bankruptcy Claims
Aug 06, 2024
By: Michael L. Moskowitz, Esq., Moish E. Peltz, Esq., and Richard E. Weltman, Esq. The Celsius Network bankruptcy case is a landmark event in the cryptocurrency world, not just because of the scale of financial failure but...
By: Michael L. Moskowitz, Esq. and Melissa A. Guseynov, Esq. We have written in the past about exceptions to the general rule regarding a debtor’s ability to discharge debt in bankruptcy and achieve a “fresh start.” In...