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Commercial Leasing and Bankruptcy in the Era of COVID

SKU: REAL3900N
Total Credits
1.5 - 2.1
Price$100
CDs/DVDs Only
This course is only available in CD/DVD format.
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Description

The COVID-19 pandemic has caused a major disruption to both large and small businesses as well as to commercial landlords, whose tenants cannot meet their existing rental obligations. Join our panel of experts as they discuss the implications of bankruptcy filings on commercial leases, how commercial leases are treated in bankruptcy, using the Bankruptcy Code to maximize the financial interests of landlords and tenants, the implications of restructuring,, the effects of COVID -- and more.

Lecturer Bios

Todd E. Duffy, Esq.

For nearly two decades attorney Todd Duffy has helped individuals and businesses work through financial difficulties to get their affairs back on track. Leveraging many approaches – including the protections offered by the bankruptcy process – he restores order to situations that may seem out of control.

With extensive experience on both debtor and creditor sides of the equation, Mr. Duffy has a uniquely strategic perspective and an ability to maneuver skillfully and quickly, both of which are essential to businesses and people facing restructuring. The goal is always to help clients get the outcomes they want, from continuing in business to retaining valued personal property to recovering monies owed. To this end, Mr. Duffy devotes an unusual amount of personal attention to each client, and also serves as a valued resource for other professionals.

Mr. Duffy's focus on bankruptcy and restructuring issues began at a prestigious Philadelphia law firm. Later, Mr. Duffy served as law clerk to the Honorable Stephen D. Gerling, Chief Bankruptcy Judge for the Northern District of New York. He is a veteran of several major New York firms, including Greenberg Traurig LLP and Rosenman & Colin (now Katten, Muchin Rosenman LLP). In 2005 he co-founded Duffy & Atkins LLP.

Bruce L. Weiner

Bruce Weiner (Partner) has been practicing bankruptcy law since he was admitted to the bar in 1978. In addition to his 30 years experience representing debtors, creditors and those being sued by bankruptcy trustees, Mr. Weiner has been involved in hundreds of trustee litigation cases since he joined Rosenberg Musso & Weiner in 1994. Bruce Weiner is known for thinking fast on his feet, his ability to handle complex cases, caring client representation, attention to detail, excellent writing skills and courtroom demeanor, and tenacity.

Here are some highlights of the thousands of bankruptcy cases that Bruce Weiner has successfully handled: Mr. Weiner has successfully argued three cases before the US Court of Appeals for the Second Circuit:

1. Musso vs. Ostashko, ( http://www.law.com/jsp/nylj/PubArticleNY.jsp?id=900005466696 ) this case involved the complicated interplay between divorce and bankruptcy. On appeal, Mr. Weiner successfully proved the assets belonged to the bankruptcy trustee, not to the spouse who had been awarded them by the state court.

2. He successfully represented a debtor in a case against Caesar's Palace Casino, (http://www.nybankruptcy.net/CM/Custom/Consumernews.asp ) not only discharging his gambling debt, but forcing the casino to pay fees for violating the automatic stay.

3. Fisher case: (link to: In re Fischer , 53 Fed. Appt. 129, 2002 WL 31505620 (2nd Cir. NY) Trustee case involving multiple parcels of real estate and complex issues. Bruce Weiner is married with 2 children.

Areas of Practice: Bankruptcy Law Litigation Percentage: 40% of Practice Devoted to Litigation Bar Admissions: New York, 1978 U.S. District Court Southern District of New York, 1981 U.S. District Court Eastern District of New York, 1981 U.S. Court of Appeals 2nd Circuit, 1990 Education: Washington University School of Law, St. Louis, Missouri, 1977 J.D. Law Review: Washington University Law Review, Member, 1976 - 1977 Washington University, St. Louis, Missouri, 1973 A.B. Published Works: Seminar Course Book, Consumer Bankruptcy (Co-Author) St. Johns School of Law Consumer Bankruptcy Seminar Two Recent Second Circuit Cases Involving Fraudulent Debtors, ABI Commercial Task Force Newsletter, April, 2007 Co-author, Zero tolerance for Commercial Bankruptcy Fraud, ABI Journal, Dec05/Jan 06, Featured Article Co-author, Judicial Code 959(b) and its Relation to the Automatic Stay, ABI Journal, November, 1997

Rosenberg, Musso & Weiner, LLP 26 Court St Suite 2211 Brooklyn, NY 11242-1125 Phone: (718) 530-0210 Toll Free: (866) 402-8476

Massimo F. D’Angelo, Esq.

Massimo F. D’Angelo is a partner at Adam Leitman Bailey, P.C. who is admitted to practice before the state courts of New York and New Jersey, and the U.S. District Courts for the Southern District and the Eastern District of New York and the District of New Jersey. Mr. D’Angelo represents condominium and cooperative boards and sponsors, as well as commercial and residential landlords and tenants in connection with complex real estate litigation matters, and regularly advises and represents clients in real estate administrative and environmental proceedings. Super Lawyers has repeatedly recognized Mr. D’Angelo as a New York Metro Area Rising Star.

Mr. D’Angelo has obtained the following significant decisions affecting New York real estate law:

Yuppie Puppy Pet Products, Inc. v. Street Smart Realty, LLC, 77 A.D.3d 197 (1st Dept. 2010) Established that a mortgagee can be permitted to intervene in an action where the defendant/mortgagor has defaulted. Arthur at the Westchester, Inc. v. Westchester Mall, LLC, 104 A.D.3d 471 (1st Dept. 2013) Successfully represented mall against challenge by retail tenant that a guaranty was want for lack of consideration even though the guaranty was executed prior to the lease. Westchester Mall, LLC v. Manoucher Hedvat, 104 A.D.3d 678 (2nd Dept. 2013) Reaffirmed the general rule that dismissals after opening statements are strongly disfavored absent extraordinary circumstances in a corporate veil piercing action brought against a commercial tenant and its principal. The Board of Managers of 266 West 115th Massimo F. D'Angelo - Adam Leitman Bailey PC - New York Real Esta... https://www.alblawfirm.com/attorney-staff/massimo-f-dangelo/ 1 of 3 6/29/2020, 5:30 PM Street Condominium v. 266 West 115th Street, LLC, 2014 WL 6791412 (N.Y.Sup.) In a case of first impression on two separate issues, successfully established that: (i) a board may pursue claims against a Sponsor’s principal, personally, where the principal signs the certification to the Offering Plan in his individual capacity; and (ii) a Sponsor may be liable for construction defects beyond the applicable notice period set forth in the Offering Plan when the Sponsor engages in repairs beyond such notice period.

Prior to joining Adam Leitman Bailey, P.C., Mr. D’Angelo was engaged in private practice where he specialized in the litigation of sophisticated commercial lease issues and landlord-tenant matters for Simon Property Group, the nation’s largest real estate management firm, as well as other large scale real estate management companies such as General Growth Properties and Macerich. He has negotiated numerous high value settlements on behalf of his clients. In addition, Mr. D’Angelo has handled the general liability defense for many well-known publicly traded entities on matters including premises liability, construction defects and product liability claims including Costco and Best Buy.

Mr. D’Angelo has extensive experience in conducting trials and arguing appeals in both state and federal court. His reported cases include the following:

Goldman v. Stein, 60 A.D.3d 902 (2nd Dept. 2009); Pena v. Newell Funding, LLC, 2010, 09-4-7998 Ch. Div. (Essex County); Yuppie Puppy Pet Products, Inc. v. Street Smart Realty, LLC, 77 A.D.3d 197 (1st Dept. 2010); Retail Property Trust v. Lynda Ton, Ltd., 30 Misc.3d 1231(A); Nuzzo v. Horvath, 2011 WL 3795035 (N.J.Super.A.D.); Lauren Klimko v. Vinyl Works Canada, 2012 WL 5187919 (N.J.Super.A.D.); Dabbagh v. Newmark Knight Frank Global Management Services, LLC, 2012 WL 4674644 N.Y.A.D. (1st Dept. 2012); Wolff v. Best Buy, 2012 WL 5845579 (N.J.Super.A.D.); Westchester Mall, LLC v. Manoucher Hedvat, 2013 NY Slip Op 01400 (2nd Dept. 2013); Arthur at the Westchester, Inc. v. Westchester Mall, LLC, 2013 Slip Op 01509 (1st Dept. 2013); Connors v. Hochberg, 2014 WL 1294370; 201 W. 89th Owners, Inc. v. Mostel, 46 Misc.3d 1201(A) (N.Y.City Civ.Ct. 2014); Board of Managers of 266 West 115th Street Condominium v. 266 West 115th Street, LLC, 2014 WL 6791412 (N.Y.Sup.); NYCTL 1998-1 Trust v. Rodriguez, 2015 N.Y. Slip Op. 25370 (N.Y.Sup.); Suarez v. Turin Housing Development Fund, Co., Inc.,2015 WL 400175 (N.Y.Sup.); Kobyleckyj v. Kobyleckyj, 2016 WL 5709958 (N.Y.Sup.); Bd. of Managers of the Bayard Views Condominium v. FPG Bayard, LLC, Massimo F. D'Angelo - Adam Leitman Bailey PC - New York Real Esta... https://www.alblawfirm.com/attorney-staff/massimo-f-dangelo/ 2 of 3 6/29/2020, 5:30 PM 2017 WL 1435430 (N.Y.Sup.); Akagi v. Turin Housing Development Fund, Co., Inc.,2017 WL 1076345 (S.D. New York); Kobyleckyj v. Kobyleckyj, 2017 N.Y. Slip Op. 30063(U).

Mr. D’Angelo is a member of the New York State Bar Association, the New York County Lawyers’ Association, and the New Jersey State Bar Association. He also a member of the Columbus Citizens Foundation and serves on the Board of Trustees for La Scuola d’Italia Guglielmo Marconi, the membership committee of the Columbian Lawyers Association, First Judicial Department, and as Legal Counsel to the Association of Italian American Educators, a non-profit organization that was organized to enhance the Italian American image and presence in academia.

Mr. D’Angelo is fluent in Italian and conversant in French and Spanish.

Jonathan T. Koevary, Esq.

As a bankruptcy partner at Olshan, Jonathan handles bankruptcy and restructuring matters on behalf of creditors, debtors, landlords, and investors and bankruptcy-related litigation.

He has a broad range of experience representing clients in all aspects of Chapter 11 and distressed situations, in-court and out-of-court restructurings, and bankruptcy and distressed related lawsuits that include avoidance action defense and the prosecution of successor liability cases and judgment enforcement. Jonathan also represents asset purchasers in distressed asset and M&A transactions, and provides company and credit-specific legal analysis to distressed investors and transactional advice to businesses dealing with distressed entities. Jonathan also has a Chapter 15 practice, representing international and domestic entities in the United States in relation to foreign insolvency proceedings.

Jonathan has been consistently named to New York Super Lawyers List since 2014.

Jonathan received his J.D. from the Benjamin N. Cardozo School of Law and holds a B.A. from Columbia University.



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