Recent Publications - Bankruptcy


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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Gordon Interviewed by LIBN
May 15, 2017 | Bankruptcy
Stuart Gordon was featured in the May 12, 2017, Long Island Business News article, “New Life on Lease,” which explains how retailers going through a bankruptcy can derive value from below-market leases. “Retailers can utilize the provisions of the bankruptcy code to maximize value for the benefit of their creditors, from among other assets, leases,” …
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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 | Bankruptcy | Commercial Litigation
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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Excess Policies Required Actual Payment of Underlying Limits Before Coverage Was Triggered, N.Y. Bankruptcy Court Rules
July 7, 2016 | Bankruptcy
A federal bankruptcy court in New York, overseeing the case of a debtor facing approximately 275,000 asbestos-related personal injury claims, has ruled that the debtor’s underlying insurance policies must be exhausted by actual payment before its excess insurance policies are triggered. The bankruptcy court’s decision, in In re Rapid-American Corp., Case No. 13-10687 (SMB), Adv. …
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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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