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WE PUSH THE ENVELOPE.

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PUBLICATIONS

BOOKS

SPEAKING/MEDIA

 

PUBLICATIONS

MAY A BANKRUPTCY COURT AWARD FEES TO DEBTOR'S COUNSEL FOR ITS WORK DEFENDING ITS FEE APPLICATION?

42 ABA S.Ct. Preview 191 (2015) 

WHAT ARE THE ARTICLE III LIMITS TO BANKRUPTCY COURT JURISDICTION, AND CAN PARTIES CONSENT TO EXPANDED JURISDICTION?

42 ABA S.Ct. Preview 158 (2015)

WHEN DOES A BORROWER'S RIGHT TO RESCIND A MORTGAGE LOAN UNDER THE TRUTH IN LENDING ACT EXPIRE?

42 ABA S.Ct. Preview (2014)

CAN A DEBTOR'S EXEMPT ASSETS BE SURCHARGED AS A SANCTION FOR MISCONDUCT?

41 ABA S.Ct. Preview 196 (2014)

DOES "DEFALCATION" BY A FIDUCIARY, RENDERING A DEBT NONDISCHARGEABLE, INCLUDE UNKNOWING BREACH OF THE DUTY OF LOYALTY?

40 ABA S.Ct. Preview 267 (2013)

EFFECT OF SUBLESSOR'S BANKRUPTCY, in Brent C. Shaffer, ed., THE SUBLEASE AND ASSIGNMENT DESKBOOK

(American Bar Association, 2013) (with Elliott Dolby-Shields)

TENANT’S RIGHTS TRUMP SALE “FREE AND CLEAR”

Client Alert

CAN A SECURED CREDITOR BE DENIED THE RIGHT TO CREDIT BID WHEN THE CREDITOR’S COLLATERAL IS SOLD PURSUANT TO A CHAPTER 11 PLAN OF REORGANIZATION?

39 ABA S.Ct. Preview 248

THE SECURED LENDER REVIEW: SEVEN CAUTIONARY RULES (Parts I and II)

Law360

ARE SECOND LIEN LENDERS ENTITLED TO OBJECT TO A 363 SALE? ACCORDING TO A RECENT DECISION, THE ANSWER IS A RESOUNDING “YES”!

The Secured Lender

LEASEHOLD RECHARACTERIZATION IN BANKRUPTCY: A REVIEW AND CRITIQUE

The ACREL Papers

SIZING UP THE “CAP”:  COMMERCIAL LEASE REJECTION CLAIMS IN BANKRUPTCY

California Bankruptcy Journal Corporation

SECOND LIEN LENDERS GET LOUDER

Law360

CAN A DEBTOR’S EXEMPT ASSETS BE SURCHARGED AS A SANCTION FOR MISCONDUCT?

41 ABA S.Ct. Preview 196

DOES “DEFALCATION” BY A FIDUCIARY, RENDERING A DEBT NONDISCHARGEABLE, INCLUDE UNKNOWING BREACH OF THE DUTY OF LOYALTY?

40 ABA S.Ct. Preview 267

GODZILLA LIVES! OR, NONRECOURSE CARVEOUTS RUN AMOK

Pratt’s Journal of Bankruptcy Law

SINGLE ASSET REAL ESTATE AND DEVELOPMENT PROJECTS: THE KARA HOMES MISTAKE

Banking Law Journal

FRAUDULENT TRANSFERS TO INSIDERS

ABA Bankruptcy and Insolvency Litigation Committee Newsletter (2012)

CLAIMS LIMITED FOR AIDING BREACH OF FIDUCIARY DUTIES

New York Law Journal, (October 10, 2006) co-author

CLAIMS TRADERS: CAVEAT EMPTOR

New Jersey Law Journal, (March 6, 2006), co-author

LESSONS ON SUBSTANTIVE CONSOLIDATION

New Jersey Law Journal, (September 5, 2005), co-author

STRUCTURING CHANNELING INJUNCTIONS IN MASS TORT AND ASBESTOS CASES

New Jersey Law Journal, (March 21, 2005), co-author

THE EXPANDING SCOPE OF LENDER LIABILITY; COURTS PERMIT CLAIMS TO PROCEED AGAINST LENDERS ON VARIOUS THEORIES, FROM AIDING AND ABETTING TO FRAUDULENT CONVEYANCE

New York Law Journal, (March 12, 2004), co-author

 

BOOKS

THE REAL ESTATE INVESTOR’S DESKBOOK

Thompson Reuters

LAND TRANSFER AND FINANCE: CASES AND MATERIALS

Aspen Law And Business, 6th Ed

CONSTRUCTION AND DEVELOPMENT FINANCING

West Group, 3rd Ed.

SURETYSHIP, CHAPTER 46

In Theodore Eisenberg, Debtor-Creditor Law, Matthew Bender

GUARANTY, CHAPTER 45

In Theodore Eisenberg, Debtor-Creditor Law, Matthew Bender

 

SPEAKING/MEDIA

BANKRUPTCY ISSUES IN DEED IN LIEU OF FORECLOSURE TRANSACTIONS

ABA Section on Real Property, Probate and Tax Law, January 20, 2016

HALF-BAKED: THE TREATMENT OF PENSION OBLIGATIONS IN BANKRUPTCY

National Coordinating Committee for Multi-Employer Plans, Annual Meeting

ANALYSIS OF CITY OF DETROIT’S CHAPTER 9 CASE

Bloomberg Radio

ANALYSIS OF CITY OF DETROIT CHAPTER 9 FILING

Newsmax TV Interview

ANALYSIS OF THE U.S. SUPREME COURT'S DECISION IN RADLAX GATEWAY HOTEL LLC V. AMALGAMATED BANK.

Lexis Nexis Podcast

SECURED LENDER 101 -- A BASIC REVIEW

Lexis Nexis Podcast

CREDIT BIDDING AND IN RE RIVER ROAD HOTELPARTNERS, LLC

Lexis Nexis Podcast

CARRYING THE LABOR-ING OAR:  CURRENT LABOR ISSUES IN BANKRUPTCY

Panelist, AIRA Conference

DISTRESSED LENDING AND STRATEGIC INVESTMENT:  A CAUTIONARY TALE

Moderator

MUNICIPAL BANKRUPTCY:  BANKRUPTCY THROUGH THE LENS OF GOVERNMENT

Presenter

DISTRESSED LENDING AND STRATEGIC INVESTMENT FOR SECURED LENDERS

Presenter, Strafford Webinar

RECENT TOPICS IN CHAPTER 11 CASES

Moderator, American Bar Association Conflicts and Ethics Subcommittee of the Bankruptcy and Insolvency Litigation Committee, September 2015

THE 2005 BANKRUPTCY AMENDMENTS: THE LAW OF INTENDED AND UNINTENDED CONSEQUENCES

Panelist, Turnaround Management Association, New Jersey Chapter, September 28, 2005

BORROWING AND OTHER FINANCIAL IMPLICATIONS OF WORLDCOM

Fourth Annual Business Law Symposium, co-sponsored by the Banking Law Section of the New Jersey State Bar Association and the Institute for Continuing Legal Education, October 9, 2003