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Not Just the Usual Suspects: Court of Appeals Allows Lender’s Suit Against Parties that Financed Hostile Bankruptcy

A recent decision by the New York Court of Appeals adds teeth to the ability of real estate lenders to dissuade borrowers from filing bankruptcy and highlights the risks faced by borrowers that choose bankruptcy – and those that assist them. The decision, Sutton 58 Associates LLC v. Pilevsky, permits a lender to pursue a…

Client Alerts | December 10, 2020 | Creditors’ Rights and Bankruptcy Litigation | Real Estate Litigation | Financing

For Whom the Rent Tolls: Decision Suggests Tenants May Be Relieved of Rent Obligations

A recent unreported decision by a New York bankruptcy court suggests that commercial tenants whose operations were suspended under mandatory shutdown orders as a result of the pandemic may be able to escape their rent obligations that relate to the shutdown period. Background The debtor in the case, In re Edison Price Lighting, Inc., is…

Client Alerts | August 18, 2020 | Creditors’ Rights and Bankruptcy Litigation | Real Estate Litigation | Leasing