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The Best Laid Plans: How a Proposed Sale of NYC Real Estate Under Section 363 of the Bankruptcy Code Went Awry

USA - October 26 2020 There are several ways in which property owners can advantageously use the Bankruptcy Code to effectuate strategic dispositions of assets. But the…

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

Fraudulent Transfers and Constructive Fraud in the Contracts and Torts Contexts

USA - May 1 2020 A recent decision, In re:, Inc.., et al., Debtors. Joshua Rizack, as Liquidating Tr., Plaintiff, v. Starr Indemnity & Liability…

Daniel A. Lowenthal

Clarity Of Drafting And Reliance On A Spouse For Bankruptcy Protection - A Cautionary Tale

USA - March 6 2020 The importance of clarity in drafting agreements can never be understated. And while there are strategies available to spouses of business owners to…

Brian P. Guiney

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