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Recent Decision on Derivative Standing by a Creditors’ Committee to Challenge a Lender’s Liens

USA - October 28 2021 In many chapter 11 cases, creditors’ committees can play a vital role in maximizing the recoveries of unsecured creditors. But the powers of…

Daniel A. Lowenthal

The Crystal Anniversary: Chapter 15 Turns 15

USA - May 14 2021 In recognition of the 15th anniversary of the passage of chapter 15 of the Bankruptcy Code, the New York City Bar Association’s Bankruptcy &…

The Final Say: Conversion from Chapter 11 to Chapter 7 is Not a Given

USA - April 7 2021 It is well-settled that if you are a debtor in chapter 11, you do not have the unfettered right to convert the case to a chapter 7 liquidation. A…

Daniel A. Lowenthal

Section 1126 of the Bankruptcy Code and the Dangers of Sleeping on Your Rights as a Creditor

USA - February 8 2021 A seat at the table: this is what you likely want when your financial interests are drawn into a bankruptcy court proceeding. You’ll seek to be heard…

Daniel A. Lowenthal

The Importance of Loan Underwriting When Restrictions on Bankruptcy Cannot Singlehandedly Save the Day: Sutton 58 Associates LLC v. Phillip Pivelsky, et al.

USA - December 23 2020 In sophisticated real estate financing transactions, most prudent lenders attempt to deter borrowers from filing for bankruptcy before loans are paid…

Daniel A. Lowenthal