News & Publications

The automatic stay triggered by a bankruptcy filing may protect the debtor's residence even if the debtor does not own the property, according to a recent decision from a New York-based federal appeals court. In a case of first impression decided in July 2022, the Second Circuit set a bright-line rule that the Bankruptcy Code's automatic stay provisions "are violated by the foreclosure sale of a property when the debtor is a named party in [...]

On June 27, 2022, the U.S. Supreme Court granted certiorari in MOAC Mall Holdings LLC v. Transform Holdco LLC (21-1270) to resolve a Circuit split over whether section 363(m) of the Bankruptcy Code limits appellate jurisdiction over bankruptcy sale orders or simply limits the appellant's remedies on such appeals. Given the now decades-long trend toward resolving Chapter 11 cases through asset sales, including assignments of leases and contracts, the Supreme Court's decision may provide clarity to a [...]

There has been a series of warnings of an upcoming financial downturn; just too many strains on and impediments to the domestic and global economy, with inflation galloping and interest rates following, it seems – as the markets certainly believe – a downturn is coming or is already here. That is why the financial markets and central banks have responded with equal fear and, and in the case of the central banks, they are deploying [...]