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Bankruptcy & Corporate Restructuring

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Cole Schotz’s Bankruptcy & Corporate Restructuring practice is a distinguished and nationally renowned full-service group that is regularly cited in Chambers USA: America’s Leading Lawyers for Business and lauded for a track record that boasts unparalleled effectiveness, success and value.

Complex in and out-of-court corporate restructurings, state and federal insolvency proceedings and high stakes bankruptcy litigation: Cole Schotz delivers innovative strategies and winning solutions for the distress arena expertly and efficiently.

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    Bankruptcy & Corporate Restructuring Representative Matters

    • 710 Long Ridge Road Operating Company II, LLC d/b/a Long Ridge of Stamford, et al. (5 skilled and long term care nursing facilities) in their Chapter 11 cases
    • Highland Capital Management, L.P. in the Lake At Las Vegas Chapter 11 Cases, and the TCI Park West, Chapter 11 Case
    • Tribune Company, et al. in their Chapter 11 cases (as co-counsel)
    • AES New York Equity, LLC in its Chapter 11 case
    • RDA Holding Co., et al. (Reader’s Digest) (as conflicts counsel)
    • Adamar of New Jersey, Inc. a/k/a Tropicana Casino and Resort-Atlantic City in its Chapter 11 case
    • J.G. Wentworth, LLC, et al. in their Chapter 11 cases
    • Sagecrest Holdings Ltd. in its Chapter 11 case and Trustee of Sagecrest Liquidating Trust
    • 1701 Commerce, LLC in its Chapter 11 case
    • Gemcraft Homes, Inc. and its affiliates, in its Chapter 11 reorganization Beginning the case with 17 secured lenders and approximately $170 million in debt, Gemcraft succeeded in less than one year by confirming a Chapter 11 plan of reorganization and emerging from bankruptcy as an operating company with its ownership intact, and with exit financing of approximately $65 million
    • BNA Subsidiaries, LLC in its Chapter 11 case
    • Leslie Controls, Inc. in its Chapter 11 case
    • Official Committee of Unsecured Creditors in the Monitor Company Group Limited Partnership, et al. cases
    • Official Committee of Unsecured Creditors in the Patriot Coal Corporation, et al. cases (conflicts counsel)
    • Official Committee of Unsecured Creditors and Plan Administrator in the Merit Group, Inc., et al. cases
    • Official Committee of Unsecured Creditors in the Peak Resorts, Inc., et al. cases
    • Official Committee of Unsecured Creditors in the Federated Sports and Gaming, Inc. and Federated Heartland, Inc. cases
    • Official Committee of Unsecured Creditors in the Fibertower Network Services Corp., et al. cases
    • Foreign based directors and officers in the Ampal-American Israel Corporation Chapter 11 case
    • HP Enterprise Services, LLC in the American Airlines Chapter 11 case
    • YA Global Investments, L.P. as appellant and defendant in fraudulent conveyance litigation in the Global Outreach, S.A. Chapter 11 case
    • Rudin Development LLC, RSV LLC et al. as purchaser of assets in the St. Vincent’s Catholic Medical Centers of New York, et al. Chapter 11 cases
    • Dr. Michael Jaffe, Insolvency Administrator of Qimonda AG in its Chapter 15 proceeding
    • Martin W. Taplin & Associates, Inc. as appellate counsel in the Sagamore Partners, Ltd. d/b/a Sagamore Hotel Chapter 11 case
    • Pre-petition and DIP lender in the Biovest International, Inc. Chapter 11 case
    Cole Schotz Secures Approval for True Religion Reorganization Plan
    Cole Schotz P.C. has secured on behalf of client True Religion Apparel Inc. approval of its reorganization plan in U.S. Bankruptcy Court for the District of Delaware. The retailer filed for Chapter 11 in April as a result of the COVID-19 pandemic and has received approval for its reorganization plan from U.S. Bankruptcy Judge Christopher Sontchi. The plan confirmation order was entered today, October 6.

    The Cole Schotz team, led by member Justin Alberto and including member Seth Van Aalten and associate Michael Trentin, assisted the retailer with all aspects of its reorganization, including a settlement with a group of lenders owed $65.8 million that enabled the company to finalize the terms of its reorganization plan. Judge Sontchi praised management and the professionals for successfully reorganizing a retail establishment during COVID-19, calling it an “unusual” feat even before the pandemic.

    The team was also assisted by Cole Schotz members Kate Stickles, Patrick Reilley, Warren Usatine, Roger Iorio, Randi Kochman, and associates Joseph Armenti and Michael Klauder.
    Represented Videology Inc. in Chapter 11 Auction That Saw Sale Price Soar

    When Videology, Inc., a leading advertising technology company, and its affiliates faced a series of crises placing its business in jeopardy, they turned to Cole Schotz P.C. to lead them through a Chapter 11 restructuring process. After obtaining a stalking horse purchase contract with Amobee, Inc., a U.S. subsidiary of Singapore based Singapore Telephone, Cole Schotz, working with the company’s investment banker, led Videology through an extraordinarily successful auction process that drove its sale price up by over $70 million, to $119 million. Videology Inc. is a privately held, venture-backed company that provides a uniquely effective technology platform to enable advertising agencies and advertisers, as well as broadcasters, to plan and execute more effectively advertising campaigns for television and digital media.

    During a hearing in Wilmington, DE, U.S. Bankruptcy Judge Brendan L. Shannon approved the sale to the stalking horse purchaser, Amobee Inc. The Cole Schotz team was led by members Irving E. Walker, Patrick J. Reilley, and G. David Dean.

    DirectBuy Turns to Cole Schotz for Chapter 11 Restructuring

    Turning to Cole Schotz P.C. as its restructuring counsel, member-only buying club DirectBuy filed for Chapter 11 relief in the United States Bankruptcy Court for the District of Delaware on November 1st. The 40-year old company with operations in the United States and Canada provides its almost 180,000 members exclusive access to a broad selection of well recognized brands from tip-tier suppliers, offering furniture flooring and tile, lighting and fans, appliances, and outdoor living products at wholesale prices. DirectBuy is famous for its one-of-a-kind shopping experience that includes free at-home design consultation, digital or over-the-phone project support, seven days per week access to a call center, and “white glove” delivery service. While the company reports that it is financially sound, it is unable to sustain existing levels of debt or attract adequate refinancing and, therefore, is pursuing a going concern business sale to restructure nearly $200 million in debt.

     

    Cole Schotz Called on to Protect US Business Operations of Hanjin Shipping

    The Foreign Representative of Hanjin Shipping Co., Ltd., one of the world's largest container shipping companies, retained Cole Schotz to assist with seeking recognition in the United States of Hanjin’s South Korean receivership proceeding under Chapter 15 of the United States Bankruptcy Code. Hanjin’s U.S. filing came just a few days after it filed for court receivership in South Korea. Cole Schotz secured a provisional order barring interference with Hanjin’s business operations in the United States. Significantly, as a result of our efforts and the US Bankruptcy Court’s provisional order, all of Hanjin’s vessels bound for the US were allowed to enter US territory without fear of arrest or seizure.

    Ultimately, Cole Schotz obtained final recognition of Hanjin’s Korean insolvency proceeding pursuant to Chapter 15 of the Bankruptcy Code, over the objections of numerous parties. The decision by John K. Sherwood, presiding Bankruptcy Judge, formally brings Hanjin under the protection of U.S. bankruptcy law.

    The Cole Schotz team was led by Ilana Volkov, Edward Kiel and Jacob Frumkin.
     

    Cole Schotz Successfully Navigates Saint Michael's Medical Center Through Chapter 11 Sale Process

    After close to three years of enduring state and regulatory roadblocks that prevented the sale of the Saint Michael's Medical Center, Cole Schotz was retained to file for Chapter 11 bankruptcy protection as a strategy to expedite the long-awaited sale of the facility to Prime Healthcare. After conducting an auction that drove up the sales price to $62 million, the Cole Schotz team achieved Bankruptcy Court approval of the sale of Saint Michael’s to Prime Healthcare. Cole Schotz worked with the relevant agencies of the State of New Jersey to obtain regulatory approval of the sale, allowing Saint Michael’s to maintain staffing levels and continue providing much needed patient care in the Newark community. Saint Michael’s Medical Center was granted final approval of its sale to Prime Healthcare. Prime Healthcare has agreed to keep the hospital open as a full service acute care and outpatient facility providing all of its existing services for a minimum of five years, hire substantially all 1,400 hospital employees, maintain or increase current levels of charity care, and maintain existing health insurance contracts. In addition, Prime Healthcare has agreed to invest $50 million to upgrade technology and services and continue to modernize the hospital..

    The Cole Schotz team representing Saint Michael’s Medical Center included Michael D. Sirota, Ryan Jareck, Marc Press, Jacob Frumkin and Rebecca Hollander.

    Winning the Triple Crown: Congratulations to Zayat Stables, the Zayat Family and American Pharoah!

    Cole Schotz congratulates Zayat Stables, the Zayat family and American Pharoah in achieving the Triple Crown!  

    Cole Schotz proudly and successfully represented Zayat Stables in its Chapter 11 proceeding in the District of New Jersey. A plan of reorganization plan was quickly confirmed allowing Zayat Stables to emerge from Chapter 11 and maintain its stature as one of the nation’s largest and most prominent thoroughbred stables in the world.

    Representing Donald J. Trump, Ivanka Trump and Trump AC

    Cole Schotz represents Trump AC Casino Marks LLC (“Trump AC”), owned and controlled by Donald J. Trump and his daughter Ivanka Trump, as licensors of certain “Trump” related trademark and intellectual property rights to Trump Entertainment Resorts, Inc., Trump Entertainment Resorts Holdings, L.P., Trump Taj Mahal Associates, LLC, Trump Plaza Associates, LLC, and Trump Marina Associates, LLC (the “Licensees”), in pursuing termination of the license agreement based on the Licensees’ various violations and breaches of the agreement.

    Cole Schotz initially filed an emergent Order to Show Cause application with the Superior Court of New Jersey, seeking termination of the agreement and injunctive relief against the Licensees. However, the Licensees filed for bankruptcy protection before the U.S. Bankruptcy Court for the District of Delaware, resulting in an automatic stay of Trump AC’s pending state court litigation.

    As a result, Cole Schotz filed a motion with the Delaware Bankruptcy Court for relief from the automatic stay in order to continue to pursue termination of the license agreement through the previously filed state court action.  After conducting expedited discovery and briefing the issues for the court, Judge Gross conducted a final hearing on Trump AC’s motion.  The Bankruptcy Court subsequently granted Trump AC’s motion in full by opinion and order, ruling the automatic stay lifted to allow Trump AC to continue its pending state court action to terminate the license agreement.

    Leading the Way in Healthcare Bankruptcy

    Changes in the healthcare system have placed enormous financial pressures on hospitals and other healthcare providers in the region, resulting in an unprecedented number of healthcare providers seeking insolvency and restructuring guidance, and in certain instances, resorting to protection under Chapter 11 of the Bankruptcy Code.

    The Cole Schotz Bankruptcy & Restructuring Department has played a prominent role throughout the region in providing bankruptcy and out-of-court restructuring advice to a wide array of distressed healthcare providers.   

    Cole Schotz represented Passaic Beth Israel Hospital (“PBI”), a New Jersey nonprofit hospital that operated a 262-bed acute care hospital in Passaic in its Chapter 11 bankruptcy.  In that case, Cole Schotz orchestrated the sale and merger of PBI with St. Mary’s, a neighboring hospital, resulting in the closure of St. Mary’s existing facility and the consolidation of both hospitals at PBI’s more modern campus.  The transaction was financed through the first-time use of NJHCFFA Hospital Asset Transformation Bonds, which are backed by State of New Jersey credit enhancements.  Cole Schotz led PBI and its board through all aspects of the Chapter 11 bankruptcy, as well as through the state regulatory process successfully concluding this transaction. 

    In the Chapter 11 proceedings of Bayonne Medical Center (“BMC”),  Cole Schotz was selected to protect the interests of Financial Security Assurance Inc. (“FSA”), the insurer of two bonds issued from NJHCFFA with an outstanding principal balance of $34 million.  Cole Schotz, on behalf of FSA, has played an active role in “shaping” the bankruptcy proceeding in an effort to maximize value for the bondholders.

    St. Vincent’s Catholic Medical Center of New York and related entities (collectively, “St. Vincent’s”) commenced Chapter 11 bankruptcy cases in the United States Bankruptcy Court for the Southern District of New York, culminating in the confirmation of a plan of reorganization.  Critical to the success of that plan is St. Vincent’s construction of  a new modern facility in downtown Manhattan based upon the sale of its existing facility to Rudin Development, LLC (“Rudin”).  Cole Schotz represented  Rudin throughout the bankruptcy process to assure it the benefit of its bargained for rights in the context of this complex acquisition and development transaction.   

    Cole Schotz has also been retained as bankruptcy counsel  to St. Joseph’s Regional Medical Center in connection with the Chapter 11 bankruptcy of neighboring Barnert Hospital.

    Cole Schotz Scores Win in Precedential Third Circuit Court of Appeals Opinion
    A decades long multi-district civil litigation before the Bankruptcy Court for the District of New Jersey and the U.S. District Courts for the Southern District of New York and the District of New Jersey came to a successful conclusion in a precedential decision by the United States Court of Appeals for the Third Circuit. The opinion, issued in October 2017, vacated a $31 million judgment against our client and found opposing counsel guilty of fraud on the court.

    Cole Schotz members Michael Sirota (argued), Warren Usatine and Ryan Jareck prevailed as Counsel for the Appellee in a fiercely contested case that uncovered an incredibly tangled and complex story of deceit.

    The story is reported in detail by the New Jersey Law Journal.
    Cole Schotz Helps Creditors Traverse the Financial Distress of the East Coast Skiing Industry

    Cole Schotz represented the Official Committee of Unsecured Creditors in the Chapter 11 bankruptcy cases of D.C. Development, LLC, et al. in the District of Maryland, and in Peak Resorts, Inc. et al. in the Northern District of New York. 

    D.C. Development, LLC and its affiliates owned and operated the Wisp Ski Resort in Garrett County, MD.  Founded in 1955, Wisp is the leading resort area in Western Maryland with a 32-trail ski slope, mountain roller coaster, 2 championship golf courses, Hotel, rental homes, retail, marina, and 2,200 acres of master planned land for residential and vacation homes.  The cases involved $50 million to $100 million in assets including Maryland’s only ski resort, and approximately $50 million in liabilities.  The Debtors were the 6th largest employer in Garrett County, MD.  Cole Schotz effectively represented the Committee to protect the rights of the unsecured creditors while preserving the Debtors' assets and value as a going concern.  Cole Schotz's efforts contributed to the successful marketing and sale of the Debtors' assets under § 363 of the Bankruptcy Code, which generated $23.5 million for the ski resort assets, and $6.1 million for the Lodestone Golf Course assets, allowing funds to be set aside for distribution to the unsecured creditors, and the ski resort to continue operating as a going concern.  Gary H. Leibowitz, a member of the Bankruptcy & Restructuring, and Litigation departments, was the lead attorney for the Committee.

    Similarly, Peak Resorts, Inc. owned and operated the Greek Peak Mountain Resort, a four season resort development located in Virgil, New York.  The resort is the largest day trip area in Central New York State, and currently has 31 slopes and trails with a base elevation of 1,250 feet, and vertical drop of approximately 900 feet.  In addition to skiing and snowboarding, there is a tubing center, terrain park, and a children’s learning center. There is also a Mountain Adventure Center with a corporate team building facility.  The Debtors owned approximately 889 acres of real estate, which included the ski area base, buildings, and conference center, and the Hope Lake Lodge & Cascades Indoor Water Park.  The cases involved approximately $20 million in assets and over $50 in liabilities. Cole Schotz's efforts representing the Committee assisted in the funding of debtor-in-possession financing to stabilize the businesses and preserve the assets, and the sale of the Debtors' assets which generated in excess of $5 million for the benefit of the creditors and estates and allowed the ski resort to continue operating as a going concern.  Gary H. Leibowitz, a member of the Bankruptcy & Restructuring, and Litigation departments, was the lead attorney for the Committee.

    The Fifth Edition of the Bankruptcy Deadline Checklist is now available. For a complimentary copy, please contact info@coleschotz.com

    News

    Cole Schotz Prevails on Behalf of Assisted Living Network in Years-Long Membership Dispute

    November 24, 2020

    11 Cole Schotz Attorneys Named 2020 New York Metro Super Lawyers

    November 2, 2020

    NJ Judge Gives Nod To Sur La Table's Ch. 11 Plan

    As published in: Law360 October 21, 2020

    U.S. Bankruptcy Tracker: Media Companies See Distress Surge

    As published in: Bloomberg Law October 13, 2020

    Compromise Key to Restructuring in Pandemic, True Religion Attorney Says

    As published in: Delaware Business Court Insider October 8, 2020

    + MORE

    Recent Events

    Mid-Atlantic Virtual Bankruptcy Workshop
    Attorney Speaking: G. David DeanAugust 6, 2020
    Bankruptcy Nuts and Bolts: A Primer for Chapter 11 Cross-Training
    Attorney Speaking: J. Kate SticklesJune 23, 2020
    The Rise of the Cannabis Business and the Bankruptcy Code Live Webcast CLE Presentation
    Attorneys Speaking: Norman L. Pernick and Michael TrentinMay 21, 2020
    Preference Bootcamp: Overview of Preferential Transfer Avoidance Powers and Litigation Live Webcast CLE Presentation
    Attorney Speaking: Gary H. LeibowitzMarch 19, 2020
    IWIRC at the Shore: Successful Negotiation Strategies for Restructuring Professionals
    Attorney Speaking: J. Kate SticklesMarch 6, 2020
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    New Chapter 11 Filing - Arandell Holdings, Inc.

    Bankruptcy & Restructuring Law August 13, 2020

    COVID-19 Legislation Makes Reorganization Quicker and Less Expensive for Small Business Debtors

    Bankruptcy & Restructuring Law May 14, 2020

    Reining in the Texas Citizens Participation Act

    Texas Bar Journal April 1, 2020

    Guideline for Companies Responding to the COVID-19 Pandemic

    Bankruptcy & Restructuring Law April 1, 2020

    Setting the Clock on the Section 502(b)(6) Time vs. Rent Debate

    The Federal Lawyer January 2016

    Bankruptcy Court Finds Committee Member To Have Breached Her Fiduciary Duty To Unsecured Creditors

    Bankruptcy and Restructuring Law December 10, 2019

    No Deal: Appeals Court Strikes Champertous Contract

    American Bar Association’s Litigation News November 19, 2019

    Third Circuit Decision is a Cautionary Tale about the "Security" of Tax Lien - Certificate Holders' Security in Bankruptcy

    Bankruptcy and Restructuring Law October 3, 2019

    Derivative Standing When Debtors Are Limited Partnerships and Limited Liability Companies

    Bankruptcy & Restructuring Law July 22, 2019

    Recent SDNY Decision Adds to the Fray: When Do Courts Approve Non-Consensual Releases?

    Bankruptcy & Restructuring Law June 3, 2019

    Recent Prepacks Stay True to Chapter 11's Intent—with a Speedy Twist

    Turnaround Management Association June 2019

    BREAKING: Rejection under section 365 of the Bankruptcy Code does not rescind trademark license agreement

    Bankruptcy & Restructuring Law May 20, 2019

    First Circuit Rejects "Special Circumstances" Exception to Numerosity Requirement of Bankruptcy Code Section 303(B)(1)

    Bankruptcy & Restructuring Law May 13, 2019

    Marijuana's Journey from Greenhouse to Courthouse

    American Bankruptcy Institute May 2019

    Oral Arguments on Extraterritorial Issues in Insolvency (Madoff Inv. Sec.)

    A Joint Presentation of the Delaware Bankruptcy Inn of Court and American College of Bankruptcy February 19, 2019

    In Defense of the Blameless

    New Jersey Lawyer Magazine February 2019

    Guide for In-House Counsel Practical Resource to Cutting-Edge Issues

    American Bar Association January 1, 2019

    Non-Solicitation and Non-Competition Agreements: Are They The Same?

    Employment Law December 3, 2018

    U.S. Supreme Court to Rule on Rights of Trademark Licensees Upon Rejection of a License Agreement Under Section 365 of the Bankruptcy Code

    Bankruptcy & Restructuring Law November 1, 2018

    Excise Tax or Regulatory Fee? A Warning for Bankruptcy Practitioners and Cannabis Clients

    Bankruptcy & Restructuring Law October 24, 2018

    Delaware Bankruptcy Court Holds Retention of Liquidation Consultant Not Subject to 11 U.S.C § 327(A)

    Bankruptcy & Restructuring Law October 4, 2018

    The Fifth Circuit Considers Enforceability of Blocking "Golden Share" Provisions

    Bankruptcy & Restructuring Law September 11, 2018

    Petitioning Creditors Beware: No Right To Setoff For Punitive Damages From Bad Faith Involuntary Bankruptcy Filings

    Bankruptcy & Restructuring Law August 15, 2018

    Bankruptcy Court Can Enter Default Judgment Against Foreign Defendants in an Adversary Proceeding

    Bankruptcy & Restructuring Law July 23, 2018

    The Chapter 15 Case of Hanjin Shipping

    Eurofenix Summer 2018

    The Fifth Circuit Clarifies Equipment Lessors' Rights under the Texas Equitable Lien Doctrine in Sierra Equipment v. Lexington Insurance

    Bankruptcy & Restructuring Law May 29, 2018

    New York Bankruptcy Court Permits Discovery Requests in Chapter 15 Case Despite Potentially Conflicting Cayman Islands Law

    Bankruptcy & Restructuring Law May 14, 2018

    The Supreme Court Clarifies the Scope of Section 546(e)'s Safe Harbor for Securities Related Transactions in Merit Management Group, LP v. FTI Consulting, Inc.

    Bankruptcy & Restructuring Law April 25, 2018

    Recent Bankruptcy Court Decisions Address Bankruptcy Code Section 365

    Bankruptcy & Restructuring Law April 16, 2018

    Ninth Circuit Affirms Per Plan Approach to Interpret Impaired Accepting Class for Bankruptcy Plan Confirmation Purposes

    Bankruptcy & Restructuring Law March 20, 2018

    Is Jevic Hauling a Surprise for 363 Sales that Include Priority-Skipping Distributions?

    Bankruptcy & Restructuring Law March 2, 2018

    Warning: Avoiding Bankruptcy Pitfalls Under the WARN Act

    New Jersey Law Journal February 11, 2018

    The Cautionary Tale of Arcapita: Foreign Banks Are Subject to U.S. Jurisdiction if They Use a U.S. Bank Account for Foreign Transactions

    American Bankruptcy Institute February 1, 2018

    Third Circuit Adopts Probability Standard In Evaluating Warn Act Unforeseen Business Circumstances Exception

    American Bar Association February 1, 2018

    Expert Q&A on Maritime Bankruptcies and the Intersection of Admiralty and Bankruptcy Laws

    Practical Law January 2018

    Tidewater Inc. Settles Its Remaining Charter Agreement Rejection Damage Claim After Judge Shannon Found Stipulated Loss Value Provision to be an Unenforceable Penalty

    Bankruptcy & Restructuring Law December 6, 2017

    Virginia is for Lovers ... And Chapter 11?

    Bankruptcy & Restructuring Law December 1, 2017

    The Bankruptcy and Construction Junction: Making Your Texas Mechanic's Lien Function Better in Bankruptcy

    Bankruptcy & Restructuring Law November 29, 2017

    Some Upside to Being Upside-Down: The Fifth Circuit Provides Undersecured Creditors an Additional Front on which to Contest Preference Claims

    Bankruptcy & Restructuring Law October 2, 2017

    Supreme Court's 'Henson' Decision Leaves Many Questions Unanswered

    New York Law Journal September 25, 2017

    Circuit Court Split: The One-Day-Late Rule and Dischargeability of Tax Debt

    American Bankruptcy Institute Commercial Fraud Committee Newsletter September 25, 2017

    The Third Circuit Weighs in on The Warn Act

    Bankruptcy & Restructuring Law September 18, 2017

    Delaware Clarifies Received for Valuable 503(b)(9) Claims

    Bankruptcy & Restructuring Law July 31, 2017

    Section 503(b)(9) Claims - What Does Receipt Really Mean?

    Bankruptcy & Restructuring Law July 17, 2017

    Breaking Up with a Portfolio Company Without Breaking the Bank

    Journal of Corporate Renewal July 2017

    Six Degrees of Separation: Use of Bankruptcy Rule 2004 Examination in Connection with Third-Party Litigation

    Bankruptcy & Restructuring Law June 14, 2017

    Bankruptcy Court Jurisdiction and Third-Party Releases: The Latest Frontier

    New York Law Journal June 14, 2017

    Statutory Showdown: Another Bankruptcy Court Weighs In on § 544(b)(1) and the Limitations Period

    American Bankruptcy Institute Commercial Fraud Committee Newsletter June 2017

    Lend at your own risk: Lessons from the 2nd Circuit's Marblegate decision

    Westlaw Journal: Bankruptcy, Volume 13, Issue 26 May 4, 2017

    Coming Soon to a Jurisdiction Near You: Streamlined Cross-Border Insolvency Proceedings

    Bankruptcy & Restructuring Law May 2, 2017

    Courts Make Clear that General Objections are Generally Inappropriate

    Bankruptcy & Restructuring Law April 24, 2017

    Delaware District Court finds that Bankruptcy Court Cannot Enter a Final Order Releasing Third-party Claims Without Constitutional Authority

    Bankruptcy & Restructuring Law April 10, 2017

    Section 1521(a)(7)'s Restrictions Found Inapplicable to State Law Fraudulent Conveyance Actions

    Bankruptcy & Restructuring Law April 6, 2017

    Section 1129(a)(9)(A) Trumps DIP Orders

    Bankruptcy & Restructuring Law April 3, 2017

    Secondary Market Transaction Results in U.S. Court Jurisdiction Over Foreign Lender

    Bankruptcy & Restructuring Law March 22, 2017

    Will 2017 Be the Year of the Retail Bankruptcy?

    New Jersey Law Journal March 13, 2017

    Committees: Can the U.S. Trustee Disband What the U.S. Trustee Forms?

    Bankruptcy & Restructuring Law March 6, 2017

    The Increased Use of Combined Hearings and Combined Plan and Disclosure Statements in Delaware

    Bankruptcy & Restructuring Law February 28, 2017

    In re Roust: Seven Steps to Confirming a Plan in Seven Days

    Bankruptcy & Restructuring Law February 13, 2017

    Second Circuit Refuses to Expand Scope of Chapter 15 of the Bankruptcy Code

    Bankruptcy & Restructuring Law January 25, 2017

    Solving the Gift Card Conundrum

    American Bankruptcy Institute December 2016

    Stuart Komrower gives predictions in, "Retail Pressures That Doomed Sports Authority May Spread to Wholesale, Real Estate in 2017"

    TheStreet November 28, 2016

    You Can Go Your Own Way... Unless the Supreme Court Reverses Jevic

    Bankruptcy & Restructuring Law November 7, 2016

    SDNY Bankruptcy Court Publishes Proposed Amendments to Local Rules

    Bankruptcy & Restructuring Law October 26, 2016

    Millennium Lab, Update on Non-Debtor Third-Party Releases

    The Bankruptcy Strategist October 2016

    U.S. Supreme Court to Weigh in on Structured Dismissals and Settlements Circumventing the Bankruptcy Code's Priority Scheme

    Bankruptcy & Restructuring Law July 12, 2016

    June 2016 Newsletter

    Cole Schotz News June 2016

    What Do Edison, Overalls and Opportunity Have in Common?

    Bankruptcy & Restructuring Law June 29, 2016

    'Sports Authority' Tackles Issues of Title to Consigned Goods

    New York Law Journal June 13, 2016

    One Bite at the Apple: Section 502(e)(1)(B) and the Disallowance of Redundant, Contingent Claims

    Bankruptcy & Restructuring Law June 10, 2016

    Getting The Most Bang For Your 503(b)(9) Bucks

    Law360 June 9, 2016

    Getting the Most Bang for Your 503(b)(9) Claims

    Bankruptcy & Restructuring Law June 7, 2016

    The 5th edition of the Bankruptcy Deadline Checklist, authored by Norman Pernick and edited by David Dean, has just been released by the American Bar Association

    June 2, 2016

    May 2016 Newsletter

    Cole Schotz News May 2016

    Supreme Court Broadly Interprets Actual Fraud Exception to Bankruptcy Discharge

    Bankruptcy & Restructuring Law May 23, 2016

    Delaware Preference Update: New Value, Prejudgment Interest and Early Payment Ordinary Course Defenses

    Bankruptcy & Restructuring Law Monitor April 25, 2016

    Commentary: There Are No Unencumbered Assets in Texas

    The Wall Street Journal April 19, 2016

    April 2016 Newsletter

    Cole Schotz News April 2016

    March 2016 Newsletter

    Cole Schotz News March 2016

    Five Things to Consider When Approached by a Bankruptcy Claims Trader

    Bankruptcy & Restructuring Law Monitor March 14, 2016

    US Case Study: In re ICL Holding Co. Paves the Way for Approval of Section 363 Sales and Payments to Unsecured Creditors Without Regard for the Bankruptcy Code's Priority Scheme

    IWIRC Connection March 2016

    Secured Creditors Beware: Liability Lurks in Lockboxes

    IWIRC Connection March 2016

    Affirmed: New York's Application of the In Pari Delicto Doctrine Bars Faithless Servant Claim and Bankruptcy Insider Exception

    Bankruptcy & Restructuring Law Monitor February 24, 2016

    Sales of Goods on the Eve of Bankruptcy Can Be Tricky

    Corporate Counsel February 16, 2016

    Delaware Bankruptcy Courts Foreclose Creative Attempts to Distinguish ASARCO

    Bankruptcy & Restructuring Law February 8, 2016

    Decision Paves Way for Buyers to Apportion Payments Outside Code's Priority Scheme New Jersey Law Journal

    New Jersey Law Journal February 8, 2016

    Secured Creditors Beware: Liability Lurks in Lockboxes

    Bankruptcy & Restructuring Law Monitor January 26, 2016

    Is a Sound Business Purpose Always Enough?

    Bankruptcy & Restructuring Law Monitor January 13, 2016

    What Happens to Trademark Licensees When a Licensor Goes Broke?

    Corporate Counsel November 17, 2015

    Successful Companies Often Emerge from Non-Traditional Business Ideas

    COMMERCE Magazine November 6, 2015

    Annual Managing Partners Roundtable: Best Practices are Driven by Technology

    Commerce Magazine July 2015 Edition

    Can a Debtor Force a Secured Creditor To Accept "Dirt for Debt"?

    The Practical Real Estate Lawyer July 1, 2015

    Pros and Cons of 'Stalking Horse' Bids in Chapter 11 Sales

    Corporate Counsel February 23, 2015

    Courts Reverse Trend on Interpretation of § 303(b)(1)

    American Bankruptcy Institute October 2014

    The Bankruptcy Court Gave and the District Court Hath Taken Away: A Commentary on the Southern District of New York's Lehman Bros. Decision

    The Federal Lawyer July 2014

    The Advent Of Electronic Balloting In Ch. 11

    Law360 May 22, 2014

    Gift Cards and Their Disparate Treatment in Chapter 11 Cases

    ABI Journal April 2014

    How to Finance the Future

    Ski Area Management Magazine, March 2014 Issue March 10, 2014

    HealthBridge Can Ignore Union Demands, Judge Says

    Law360 February 3, 2014

    Beware of Creditors Bearing Gifts: A Primer on Sharing Property in Chapter 11

    Norton Journal of Bankruptcy Law and Practice December 1, 2013

    New Jersey Practice Series - Sirota and Meisel, Debtor-Creditor Law Practice

    West Publishing Group 2013

    American College of Bankruptcy, Circuit Review, Third Circuit Chapter, NLP

    American College of Bankruptcy, Circuit Review Edited by Professor Margaret Howard, Washington and Lee University 2013 Edition

    Bankruptcy Issues Concerning LLCs

    Data Trace Publishing Company California LLC Forms and Practice Manual, Chapter 18 2013

    Nondebtor Parent's Revocation of Its S-Corp Status Is Not an Unlawful Post-Petition Transfer

    ABI Journal August Edition, 2013

    The Cash Management System Preference Defense

    BNA's Bankruptcy Law Reporter March 20, 2013

    To Gift or Not to Gift: Chapter 11 Plans in the 2nd and 3rd Circuits

    Corporate Live Wire's Expert Guide: Bankruptcy & Restructuring March 12, 2013

    Absence of Reference to LLCs in the Code: An "Insider" Problem

    American Bankruptcy Institute August 2012

    When Non-Bankruptcy Alternatives Fail: Filing for Bankruptcy After Commencing a Receivership or Assignment for the Benefit of Creditors, 11th Annual Bankruptcy Law Conference 2009 (MCLE, Inc. 2009)

    July 31, 2012

    Trademark Licenses in Bankruptcy: Even in a Hypothetical or Actual World, Footstar Got it Right

    ABI Journal June 2011

    Section 366(c) Does Not Require DIPs to Satisfy Adequate Assurance Demands of Utilities

    ABI Journal February 2012

    Impact of Amended Rule 2019: What Bankruptcy Practitioners Should Know

    New Jersey Law Journal January 23, 2012

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