Recent Publications - Matthew V. Spero


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 …
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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. …
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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 …
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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 …
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Tips for Businesses to Navigate the New Normal
March 16, 2020 | Corporate | Bankruptcy
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 …
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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. …
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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. …
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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. …
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Spero and Farino author Nassau Lawyer article
December 12, 2019 | Bankruptcy
Matthew Spero and Jeannine Farino authored, “Bankruptcy Update, United States Supreme Court,” for the December 2019 issue of the Nassau Lawyer. Click here to read the article. …
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Cannabis: A Business Opportunity for Those with an Appetite for Risk
September 26, 2019 | Compliance, Investigations & White Collar | Corporate | Health Services
In the past 10 years, the legalization of marijuana and other cannabis-related products have expanded tremendously throughout the United States. Currently, medical marijuana is legal in 33 states and the District of Columbia, while 11 states and the District of Columbia have legalized recreational marijuana use for adults 21 and over. Additionally, cannabidiol (CBD) got …
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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. …
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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. …
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Spero and Farino Publish Article in Nassau Lawyer
December 18, 2018 | Bankruptcy
Matthew V. Spero and Jeannine M. Farino published, “Bankruptcy Update, United States Supreme Court,” in the December 2018 issue of Nassau Lawyer. Click here to read the article. Reprinted with permission by the Nassau County Bar Association. …
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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. …
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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. …
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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. …
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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 …
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United States Supreme Court Bankruptcy Update
December 14, 2017 | 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 | 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 | 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 | 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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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 | 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 …
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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 …
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How Bankruptcy and the Doctrine of Judicial Estoppel Affect the Investigation and Litigation of Insurance Claims
September 30, 2011 | Appeals | Corporate | Insurance Coverage
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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