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    Second Department Finds Commercial Tenants Can Waive Their Right to a Yellowstone Injunction
    2018-03-06

    On January 31, 2018, the Appellate Division, Second Department affirmed,[1] in a 3-1 decision, the Kings County Supreme Court Commercial Division’s decision, denying 159 MP Corp. and 240 Bedford Ave Realty Holding Corp.’s (collectively the “Tenants”) motion for a Yellowstone injunction.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Patterson Belknap Webb & Tyler LLP
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    One and Done. Cramdown Requirement for an Impaired Assenting Class Applies on a Per-Plan, Not a Per-Debtor, Basis.
    2018-02-09

    Confirmation of a Chapter 11 plan of reorganization generally requires the consent of each impaired class of creditors.[1] But, upon satisfaction of additional statutory requirements, a plan proponent can obtain confirmation of a “cramdown” plan over the dissent of one or more classes of creditors as long as “at least one class of claims that is impaired under the plan has accepted th

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Patterson Belknap Webb & Tyler LLP
    Authors:
    Brian P. Guiney
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Dispute Evolution: A bona fide dispute regarding claim amount may disqualify creditor from maintaining an involuntary case.
    2018-01-03

    Section 303(b)(1) of the Bankruptcy Code generally requires three petitioning creditors to join an involuntary petition, each of which must hold claims against the debtor that are not contingent as to liability and are not the subject of a bona fide dispute as to liability or amount.[1] The Bankruptcy Code does not define the term “bona fide dispute,” which has generated my

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Patterson Belknap Webb & Tyler LLP
    Authors:
    Brian P. Guiney
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Stay here – Second Circuit in Residential Capital holds automatic stay can be applied to non-debtors where action has an immediate adverse economic consequence for estate
    2013-08-21

    The Bottom Line:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Kramer Levin Naftalis & Frankel LLP, Debtor, Mortgage-backed security, Federal Housing Finance Agency, Second Circuit, Fourth Circuit
    Authors:
    Benjamin C. Wolf
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Bad faith filing no obstacle for hotel reorganization
    2013-08-19

    The Bottom Line

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Real Estate, Kramer Levin Naftalis & Frankel LLP, Bankruptcy, Injunction, Foreclosure, Bad faith, United States bankruptcy court, Fifth Circuit
    Authors:
    Alice J. Byowitz
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    What matters: A review of 2011 and 2012
    2013-04-01

    As you know, the last two years have seen a somewhat improved, but by no means robust, business climate. At the same time, structural shifts in the law firm business model have been both highly publicized and memorably demonstrated.

    Filed under:
    USA, Banking, Capital Markets, Competition & Antitrust, Corporate Finance/M&A, Employee Benefits & Pensions, Environment & Climate Change, Immigration, Insolvency & Restructuring, Intellectual Property, Litigation, Media & Entertainment, Private Client & Offshore Services, Real Estate, Securitization & Structured Finance, Tax, Kramer Levin Naftalis & Frankel LLP
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Who’s SARE-y now? No “whole business enterprise” exception to single asset real estate provisions of Bankruptcy Code
    2012-06-25

    The Bottom Line:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Kramer Levin Naftalis & Frankel LLP, Debtor, Bank of America
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Flamingo court holds joint venturer can't feather claims nest
    2011-08-10

    The Bottom Line:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Kramer Levin Naftalis & Frankel LLP, Bankruptcy, Surety, Debtor, Limited liability company, Foreclosure, Joint and several liability, US Code, Ninth Circuit, United States bankruptcy court, Trustee
    Authors:
    Anita Wong
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    District Court Holds Non-Income Producing Hotel Is a Single Asset Real Estate Debtor
    2022-06-27

    Overview

    Recently, in Shady Bird Lending, LLC v. The Source Hotel, LLC (In re The Source Hotel, LLC), Case No. 8:21-cv-00824-FLA (C.D. Ca. June 8, 2022), the Central District of California District Court adopted the majority view that a non-income producing property could be a “single asset real estate,” or SARE, debtor. The district court held that a hotel, which was not yet producing income, met the definition of a SARE.

    Background

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate
    Location:
    USA
    We Can Work It Out: Overcoming Obstacles to Real Estate Workouts
    2020-11-12

    Real estate lenders and borrowers everywhere are trying to figure out what to do with properties that are either sitting vacant or underperforming pre-pandemic expectations. In New York, a number of mezzanine foreclosures have been pursued with varying degrees of success when challenged in court. Some lenders have been shopping their loans, mostly at discounts to par that are not large enough to create substantial deal flow in the marketplace.

    Filed under:
    USA, Insolvency & Restructuring, Real Estate, Kramer Levin Naftalis & Frankel LLP, Title 11 of the US Code
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP

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