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Member Articles


New Ruling Lowers Standard for Discharging Student Loans in Bankruptcy

Authors: Stephen Selbst and Gabrielle Fromer In In re Rosenberg, Judge Cecelia Morris of the United States Bankruptcy Court for the Southern District of New York permitted the debtor to discharge his student loan debt i ...

First Circuit Rules that Sun Capital Funds Not Part of “Controlled Group” and Not Liable for Pension Plan Withdrawal Liability

The First Circuit recently ruled in Sun Capital Partners III, LP v. New England Teamsters & Trucking Ind. Pension Fund that two investment funds controlled by private equity firm Sun Capital were not part of a “control ...

Protection for Lenders: Bankruptcy Stays Stop the Clock Under CPLR § 204(a)

Authors: Stephen Selbst and Daniel A. Field In Lubonty v. U.S. Bank Nat’l Ass’n, the New York Court of Appeals ruled on whether a lender’s foreclosure action became untimely when the borrower filed for bankru ...

It’s Coming: The Climate Mobilization Act – What Building Owners Need to Know Now

Article 1: What is Local Law 97 and Who is Impacted Local Law 97 On April 18, 2019, the New York City Council passed the Climate Mobilization Act (the “Act”). The mainstay of the Act is Local Law 97, which was desig ...

NY SHIELD Act: New Extensive Cybersecurity Protocols and Expanded Data Breach Reporting for New York Businesses

Authors: Barry Werbin and Erica L. Markowitz On October 23, 2019, new cybersecurity laws begin to take effect in New York that will impact most New York businesses. The Stop Hacks and Improve Electronic Data Security Ac ...

Rent Reform Bill to Upend Condo and Co-op Conversions

Herrick’s Condominium and Cooperative Group has learned that among a package of bills affecting rental housing agreed upon by the New York State legislature, it will be necessary for 51% of a rental building’s tenant ...

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