Lessors Beware of the Enforceability of Stipulated Loss Value Tables
By: LEAN Attorneys Frank Peretore, Robert L. Hornby & Ryan O’Connor - Chiesa Shahinian & Giantomasi PC
A recent ruling by a judge in the influential Bankruptcy Court for the District of Delaware may indicate that Stipulated Loss Value tables are more at risk than is commonly believed in the industry. The opinion arose in a Chapter 11 bankruptcy case filed by Tidewater Inc. and its affiliated debtors (the “Tidewater Debtors”), entities […]
LEAN Lawyer Peter Califano Helps Lead National Effort to Amend the Bankruptcy Code.
Bankruptcy Venue Reform Bill Introduced in Congress On January 8, 2018, Senators John Cornyn (R-TX) and Elizabeth Warren (D-MA) introduced a bill (S. 2282) that would rebalance how Chapter 11 bankruptcy cases are distributed throughout the country, by eliminating the state of incorporation for commencing a bankruptcy case, and instead, require corporate debtors to file […]
News from the ELFA Legal Forum
By: Bob Bernstein
My Partner Kirk Burkley and I attended the ELFA Legal Forum at the Don Cesar in St. Petersburg Beach this past Sunday-Tuesday. It was very well attended and many LEAN members were there. There were over 150 inside lawyers in attendance, along with another 100 outside counsel. Not only was there great networking (especially the […]
LEAN Welcomes Wright Law Group, PLLC!
Please join us in extending a warm welcome to our newest LEAN member firm, Wright Law Group, PLLC. Matthew T. Wright is the main contact, providing LEAN coverage for Southern Texas from the firm’s Houston office. Financial institutions rely on Matthew to enforce debtors’ contract obligations through court proceedings and bankruptcy filings. A skilled litigator, […]
LEAN Attorney Frank Peretore Joins Chiesa Shahinian & Giantomasi
LEAN is pleased to announce that Frank Peretore has joined Chiesa Shahinian & Giantomasi PC as a member continuing his concentration in the representation of secured creditors and lessors in the equipment leasing and asset based lending industries. Over the course of 30 years as an attorney, Peretore has developed a wide range of experience […]
Farleigh Wada Witt Welcomes Tavo Cruz to the Firm
Farleigh Wada Witt is pleased to welcome Gustavo (Tavo) Cruz, Jr. to the firm. Tavo’s practice focuses on commercial finance, corporate finance and general business. He has over 20 years of experience representing banks, commercial lenders and other financial service providers in complex commercial loan transactions. “We are excited to have Tavo aboard,” says firm […]
Impact of Critical Vendor Payments on Lessors in Chapter 11 Cases
By: Robert S. Bernstein, Esq. Co-Managing Partner, Bernstein-Burkley, P.C.
Understanding bankruptcy basics may be the difference between losing out and receiving fair treatment during the proceedings. While the Bankruptcy Code and Rules are complicated, they are several easily understood basics. The Bankruptcy Code groups similar creditors together to ensure that similarly situated creditors receive comparable treatment. Depending in which group the Bankruptcy Code places […]
Byron Saintsing Elected Chair of the Primerus Business Law Institute of North America
By: Russ Kohl
Raleigh-based law firm Smith Debnam announced that Smith Debnam Partner, Byron L. Saintsing, has been elected Chair of the Primerus Business Law Institute of North America (PBLI). Primerus is an international society of top-rated, independent, boutique law firms. The Business Law Institute of Primerus brings together top-quality law firms with experience in business-related practice areas such […]
What We Are Hearing…
By: LEAN Staff
What we are hearing… A recent WSJ article highlighted a 77% jump in chapter 11 bankruptcy filings in July compared to a year ago. The article said “the summer pickup in filings might not be a permanent return to the time before low-interest rates and high filing costs kept many away from the bankruptcy courts.” […]
Robert S. Bernstein has been elected to a 2nd term as President of the Board of Governors of The Commercial Law League of America.
By: Russ Kohl
The Commercial Law League of America (CLLA) is pleased to announce that Robert S. Bernstein, of Bernstein-Burkley, P.C., in Pittsburgh, PA, will serve as its 2015-2016 Board of Governors president. This makes Bernstein the only two-term president other than the group’s founder, William Sprague, in 1896. Since joining the CLLA in 1975, Bernstein has held […]