News & Publications

The publications in this series tackle many facets (and potential applications) of the Bankruptcy Code as potential balm and bane for owners, landlords and lenders trying to navigate a landscape made exponentially more treacherous by recent economic and market conditions. Contiguous Condominiums Are Not "SARE" (6.29.23) Dania Slim, Patrick E. Fitzmaurice and Alana A. Lyman discuss how a recent ruling by the U.S. Bankruptcy Court for the Southern District of New York that held that properties must share a common [...]

1 Legal framework 1.1 What domestic legislation governs restructuring and insolvency matters in your jurisdiction? Restructuring and insolvency in the Cayman Islands is primarily governed by: the Companies Act (2022 Revision); the Companies Winding up Rules, 2018; and with respect to exempted limited partnerships, the Exempted Limited Partnership Act (2021 Revision). 1.2 What international / cross-border instruments relating to restructuring and insolvency have effect in your jurisdiction? The Cayman Islands has not enacted the UNCITRAL [...]

A recent California Bankruptcy Court decision, Love v. U.S. (In re Love), contributes to the body of law on the discharge of student loan debt as we have examined in a series of prior client alerts. Love v. U.S. (In re Love), No. 19-20532-C-7, 2023 WL 2787295 (Bankr. E.D. Cal. April 5, 2023). A review of our previous alerts discussing the dischargeability of student debt provides a helpful background.1 Under the Bankruptcy Code, the discharge of debtor liabilities is [...]