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June 2020

Stripping Down a Mortgage on a Mixed-Use Property Under the SBRA

A New York court allows a chapter 11 case pending for 15 months to redesignate for treatment under the Small Business Reorganization Act.

Lack of Familiarity with PACER Is No Excuse for a Late Filing

Filing with PACER should be left to the experts, by which we mean paralegals.

Critical Vendor Motion Heads for the Second Circuit

New York district court upholds a typical critical vendor order.

April 2020

Stay Violation Order Is Final Even Before Attorneys’ Fees Are Awarded, Circuit Says

First Circuit rules that an order finding a stay violation must be appealed before the bankruptcy court grants an award of attorneys’ fees.

Incorporating AAA Rules by Reference Won’t Work with Consumers

Courts are split on the question of whether the incorporation of AAA rules by reference allows arbitrators to decide threshold questions of arbitrability and validity of an agreement to arbitrate.