Recent Publications - Matthew V. Spero


United States Supreme Court Bankruptcy Update
December 14, 2017 | Matthew V. Spero | Jeannine M. Farino | Bankruptcy
The United States Supreme Court granted certiorari and decided three bankruptcy cases this year that all bankruptcy practitioners should be aware of. Czyzewski v. Jevic Holding Corp. On March 22, 2017, the United States Supreme Court rendered a crucial and fundamental decision that significantly affects the ability of parties to a Chapter 11 bankruptcy case …
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Gordon and Spero Publish LexisNexis Emerging Issues Analysis
August 18, 2017 | Stuart I. Gordon | Matthew V. Spero | Bankruptcy
Stuart Gordon and Matthew Spero have published an LexisNexis Emerging Issues Analysis on “Supreme Court Rejects ‘Structured Dismissals.’ Now What? Click here to read the analysis. …
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Supreme Court Rejects ‘Structured Dismissals.’ Now What?
July 25, 2017 | Stuart I. Gordon | Matthew V. Spero | Bankruptcy
Stuart Gordon and Matthew Spero’s article, “Supreme Court Rejects ‘Structured Dismissals.’ Now What?”, appeared in the July/August issue of Pratt’s Journal of Bankruptcy Law. To read the article, click here. …
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Pre-Petition Waivers of Bankruptcy Protection: Typically Unenforceable
May 10, 2017 | Bankruptcy
Stuart Gordon and Matthew Spero have published an article in Pratt’s Journal of Bankruptcy Law entitled, “Pre-Petition Waivers of Bankruptcy Protection:  Typically Unenforceable.” Click here to read the article. …
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U.S. Supreme Court Upholds the Priority Scheme in Structured Dismissals
April 5, 2017 | Bankruptcy
In a rare instance where certiorari is granted in a bankruptcy case, on March 22, 2017, the United States Supreme Court rendered a crucial and fundamental decision that significantly affects the ability of parties to a Chapter 11 bankruptcy case to deviate from the priority distribution scheme set forth in the Bankruptcy Code under 11 …
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Landlords Evicting Tenants: When Bankruptcy Interferes
December 8, 2016 | Commercial Litigation | Bankruptcy
All too often, a tenant’s failure to abide by the terms of a lease – whether commercial or residential – takes up a disproportionate amount of a landlord’s focus and efforts.  When a holdover or non-paying tenant files for bankruptcy, the landlord must overcome another obstacle if it wishes to evict the tenant – the …
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The Reach of the Automatic Stay in Bankruptcy: Far, But Not that Far
December 10, 2015 | Bankruptcy
When a corporation or individual files for bankruptcy protection, a self-executing “automatic stay” takes effect under Bankruptcy Code Section 362[i] that prohibits a wide range of acts or proceedings “against the debtor” that could have been taken before the filing of the bankruptcy case. As provided in Section 362, these include (1) the commencement or …
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A Seller’s Remedy, But With Limitations
September 30, 2013 | Corporate
Nearly a decade ago, Congress amended the U.S. Bankruptcy Code to add a new section that was intended to benefit sellers of goods to failing or financially distressed companies. Under this new provision, Bankruptcy Code Section 503(b)(9), a seller of goods is entitled to an “administrative expense claim,” for the goods sold and received by …
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Courts Divide Over Intellectual Property Licensee’s Rights When Bankrupt Licensor Rejects License
April 30, 2013 | Intellectual Property | Insurance Coverage | Corporate
Celeste M. Butera, a partner in the firm’s Insurance Coverage & Litigation and Intellectual Property Practice Groups and Stuart I. Gordon and Matthew V. Spero, members of the firm’s Corporate & Commercial Practice Group, co-authored, “Court’s Divide Over Intellectual Property Licensee’s Rights When Bankrupt Licensor Rejects License,” which appeared in the April/May 2013 issue of Pratts …
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Courts Divide Over Intellectual Property Licensee’s Rights When Bankrupt Licensor Rejects License
April 1, 2013 | Intellectual Property | Insurance Coverage | Corporate
Suppose that a company licenses a trademark ? or some other form of intellectual property ? from a company that owns a trademark (the “licensor”), the licensor files for bankruptcy protection, and the bankruptcy trustee exercises its rights under the Bankruptcy Code to “reject” (i.e., breach) the trademark license. What are the licensee’s rights and …
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How Bankruptcy and the Doctrine of Judicial Estoppel Affect the Investigation and Litigation of Insurance Claims
September 30, 2011 | Insurance Coverage | Corporate | Appeals
Recently, our clients have seen an increase in insurance claims where an insured, who has previously filed for bankruptcy, subsequently sustains a first-party property loss and seeks indemnification for the loss. There are several important issues to consider when investigating claims of this nature, including whether the insured has fraudulently valued the insurance claim or …
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Bankruptcy Law v. Employment Discrimination
July 31, 2010 | Corporate
Please click the link below to view the Bankruptcy Law v. Employment Discrimination. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install. Bankruptcy Law v. Employment Discrimination …
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