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...
By: Michael L. Moskowitz, Esq. and Melissa A. Guseynov, Esq. On January 1, 2024, a new bill amending and expanding New York Civil Practice Law and Rules (CPLR) Section 2106 will take effect, allowing the filing of...
By: Michael L. Moskowitz, Esq. and Melissa A. Guseynov, Esq. Previously we reported on the Celsius Network (“Celsius”) chapter 11 bankruptcy case and the auction sale of its assets. More than one year ago, Celsius and its...