Recent Publications - Stuart I. Gordon


Supreme Court Settles Debate on Passive Retention of Property
September 12, 2022 | Bankruptcy

For some time, bankruptcy courts wrestled over whether creditors violated the Bankruptcy Code’s automatic stay provision under 11 U.S.C. § 362(a)(3) by creditors’ passive retention of a debtor’s property once a debtor files for bankruptcy. Last year, in City of Chicago v. Fulton[1] the U.S. Supreme Court issued an opinion that puts this issue to

Read More
Share this article:
Put Your Business on Solid Financial Footing before Hitting ‘Unpause’
May 5, 2020 | Bankruptcy | Corporate

Due to the COVID-19 pandemic and resulting economic shutdown, we have counseled our clients about how they can protect their rights as creditors once the economy begins to ramp up again. We have also advised them on how to make sure that they do not end up in their own perilous financial situation.

Indeed, you

Read More
Share this article:
Law360: Tenn. Hospital Bankruptcy May Be the First of Many
April 16, 2020 | Bankruptcy | Health Services

Jim Lagios, Bob Iseman and Stu Gordon wrote an article for Law360 regarding the impact of coronavirus on the financial well-being of hospitals and health systems. To read the article, click on the link below.

Tenn. Hospital Bankruptcy May Be The First Of Many

Read More
Share this article:
Paycheck Protection Program Helps with Operating Expenses
March 30, 2020 | Corporate

The CARES Act, signed into law on March 27, 2020, contains a component that will quickly provide businesses with loans to compensate for lost revenues due to COVID-19.

The Paycheck Protection Program is making $349 billion available to small businesses that were operating as of February 15, 2020, and that have been impacted by coronavirus.

Read More
Share this article:
Stimulus Package Includes Bankruptcy Updates
March 30, 2020 | Bankruptcy

The Coronavirus Aid, Relief, and Economic Security Act(CARES Act), signed by President Trump on March 27, 2020, contains key changes to the Bankruptcy Code. The CARES Act and the previously enacted Small Business Reorganization Act (SBRA) will impact consumers and small businesses that have filed, or may be faced with filing, for bankruptcy relief in

Read More
Share this article:
NYS Offers Forbearance to Borrowers, NYC Allows Penalty Waivers
March 25, 2020 | Banking

On March 21, 2020, Governor Cuomo issued Executive Order 202.9, which is in effect through April 20, 2020. The order provides financial relief to consumers and businesses with outstanding bank loans.

The order modifies subdivision two of Section 29 of the Banking Law to provide that it is an “unsafe and unsound” business practice if

Read More
Share this article:
Tips for Businesses to Navigate the New Normal
March 16, 2020 | Bankruptcy | Corporate

In this time of extreme uncertainty, an unfortunate reality is that many businesses are wondering whether they will be able to survive an indefinite economic downturn. Virtually every industry is facing the prospect of weeks or even months of drastically reduced sales.

Businesses need to take steps immediately to weather a prolonged new normal in

Read More
Share this article:
Gordon and Spero Author Article for Pratt’s Journal of Bankruptcy Law
February 18, 2020 | Bankruptcy

Stuart Gordon and Matthew Spero have authored an article, “U.S. Supreme Court Ruling on FDCPA Limitations Period Leaves Issues Unresolved,” for the February 2020 issue of Pratt’s Journal of Bankruptcy Law.

Click here to read the article.

Read More
Share this article:
Gordon and Spero Author Article for Pratt’s Journal of Bankruptcy Law
January 16, 2020 | Bankruptcy

Stuart Gordon and Matthew Spero have authored an article, “Eighth Circuit Rejects Successor Liability For Asset Purchaser At Forclosure Sale,” for the January 2020 issue of Pratt’s Journal of Bankruptcy Law.

Click here to read the article.

Read More
Share this article:
Court Rejects “Certainty of Hopelessness” Standard for Discharging Student Debt
January 8, 2020 | Bankruptcy | Banking

Hon. Cecelia G. Morris, Chief Judge of United States Bankruptcy Court for the Southern District of New York, put down a momentous decision on January 7, 2020, granting summary judgment in favor of a debtor in an adversary proceeding seeking to have $221,385.49 in student loan debt declared dischargeable in bankruptcy. See, Rosenberg v. N.Y.

Read More
Share this article:
Gordon and Izzo author article for Pratt’s Journal of Bankruptcy Law
October 4, 2019 | Bankruptcy | General Liability

Stuart Gordon and Frank Izzo have authored an article, “Transgender Woman’s Employment Discrimination Judgment Was Nondischargeable, New York Bankruptcy Court Decides,” for Pratt’s Journal of Bankruptcy Law.

Click here to read the article.

Read More
Share this article:
Gordon and Spero Publish Article in Pratt’s Journal of Bankruptcy Law
July 22, 2019 | Bankruptcy

Stuart Gordon’s and Matthew Spero’s article entitled “Supreme Court Settles Dispute Over Effect of Trademark License Rejection in Bankruptcy” was published in the July/August 2019 edition of Pratt’s Journal of Bankruptcy Law.

Read More
Share this article:
Gordon and Spero Published in Pratt’s Journal of Bankruptcy
June 4, 2019 | Bankruptcy

Stuart Gordon’s and Matthew Spero’s article, “Marijuana Businesses in Bankruptcy: Courts Just Say No,” was published in the May 2019 issue of the Pratt’s Journal of Bankruptcy Law.

Click here to read the article.

Read More
Share this article:
Mission Complete: Supreme Court Rules In Favor Of Trademark Licensees
May 20, 2019 | Intellectual Property

Trademark licensees no longer need to fear the possibility of losing the right to use their licensed marks if the licensor files for bankruptcy. On May 20, the United States Supreme Court issued its decision in Mission Product Holdings, Inc. v. Tempnology, LLC nka Old Cold LLC, 587 U.S. __ (2019), holding that a licensor’s

Read More
Share this article:
Gordon and Spero Publish Article in Pratt’s Journal of Bankruptcy Law
November 5, 2018 | Bankruptcy

Stuart Gordon’s and Matthew Spero’s article entitled “Creditors Typically May Not Offset Section 303(i) Judgments Against Claims Against Debtors” was published in the November 2018 edition of Pratt’s Journal of Bankruptcy Law.

Click here to read the article.

Read More
Share this article:
Gordon, Cannata and Misiti Published in NYIPLA
July 6, 2018 | Intellectual Property

Stu Gordon, Michael Cannata and Frank Misiti’s article, “Dealer’s Choice: First Circuit Allows Licensor to Reject Trademark License in Bankruptcy,” was published in The New York Intellectual Property Law Association’s spring newsletter.

Click here to read the article.

Read More
Share this article:
Gordon and Spero Publish Article in Pratt’s Journal of Bankruptcy Law
June 6, 2018 | Bankruptcy

Stuart Gordon’s and Matthew Spero’s article entitled, “U.S. Supreme Court Clarifies Scope of Securities Safe Harbor,” was published in the June 2018 edition of Pratt’s Journal of Bankruptcy Law.

Click here to read the article.

Read More
Share this article:
Gordon and Spero Publish Article in Pratt’s Journal of Bankruptcy Law
April 23, 2018 | Bankruptcy

Stuart Gordon’s and Matthew Spero’s article entitled, “A Potentially Momentous Decision: Second Circuit Explains How To Calculate Chapter 11 Cramdown Interest Rate” was published in the February/March 2018 edition of Pratt’s Journal of Bankruptcy Law.

Click here to read the article.

Read More
Share this article:
Gordon and Spero Published in Pratt’s Journal of Bankruptcy Law
March 9, 2018 | Bankruptcy

Stuart Gordon and Matthew Spero’s article, “A Potentially Momentous Decision: Second Circuit Explains How to Calculate Chapter 11 Cramdown Interest Rate,” was published in the March 2018 issue of Pratt’s Journal of Bankruptcy Law.

The article discusses the long-awaited decision by the U.S. Court of Appeals for the Second Circuit that may make it more

Read More
Share this article:
Gordon and Spero Publish LexisNexis Emerging Issues Analysis
August 18, 2017 | 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.

Read More
Share this article:
Supreme Court Rejects ‘Structured Dismissals.’ Now What?
July 25, 2017 | 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.

Read More
Share this article:
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,”

Read More
Share this article:
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.

Read More
Share this article:
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

Read More
Share this article:
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.

Read More
Share this article:
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

Read More
Share this article:
Insurance Coverage Claims are “Non-Core,” New Jersey Bankruptcy Court Confirms
June 30, 2015

 

A New Jersey Bankruptcy Court recently confirmed that questions of insurance coverage arise under state law and typically are not core matters subject to being resolved by bankruptcy courts. The authors of this article discuss the decision and its implications.

A New Jersey bankruptcy court, in In re John A. Rocco Co.,

Read More
Share this article:
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

Read More
Share this article:
Courts Divide Over Intellectual Property Licensee’s Rights When Bankrupt Licensor Rejects License
April 30, 2013 | Corporate | Insurance Coverage | Intellectual Property

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

Read More
Share this article:
Courts Divide Over Intellectual Property Licensee’s Rights When Bankrupt Licensor Rejects License
April 1, 2013 | Corporate | Insurance Coverage | Intellectual Property

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

Read More
Share this article:
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

Read More
Share this article:

Get legal updates and news delivered to your inbox