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- Maritime; bankruptcy; vessel; vessel-arrest; custodia legis; lien; maritime liens; Ninth Circuit; circuit split; jurisdiction; bankruptcy reform act; Fifth Circuit; Second Circuit; in rem; Article III; UCC; record; perfect; bona-fide purchaser; priority; security interest; automatic stay; debtor; creditor; secured; unsecured; judicial liens; statutory liens; Moran v. Sturges; The Philomena; In re J.S. Gissel & Co.; United States v. LeBouf Bros. Towing Co. Inc: § 362; sub silentio; § 541; ZP Chandon; The United States Maritime Administration; mortgage; (1)
- Yellowstone injunction; landlord; tenant; New York City; rent control; rent stabilization; tolling; leasehold forfeiture; injunctive relief; NYCPLR; defaults; bankruptcy; timely filings; cure periods; standards of appeal; declaratory judgement; factor test; equitable relief; temporary restraining order; TRO; mechanic's lien; property interests; monetary default; (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
“Fair Enough”? Revising The Yellowstone Injunction To Fit New York’S Commercial Leasing Landscape And Promote Judicial Economy, Gabriel W. Block
“Fair Enough”? Revising The Yellowstone Injunction To Fit New York’S Commercial Leasing Landscape And Promote Judicial Economy, Gabriel W. Block
Brooklyn Journal of Corporate, Financial & Commercial Law
The Yellowstone injunction is an equitable remedy that tolls any applicable cure period and gives tenants a better opportunity to maintain their leasehold when they have defaulted under their lease. The remedy is available to commercial tenants in New York City and to commercial and residential tenants throughout the State. This Note examines the Yellowstone injunction in the context of New York City’s commercial tenants, who employ it most frequently and benefit most from its protections. This Note examines the development and application of the Yellowstone injunction and proposes changing the doctrine to exclude cases of monetary defaults and expired …
Between Scylla And Charybdis: Maritime Liens And The Bankruptcy Code, Ian T. Kitts
Between Scylla And Charybdis: Maritime Liens And The Bankruptcy Code, Ian T. Kitts
Brooklyn Journal of Corporate, Financial & Commercial Law
Federal courts have had trouble fitting maritime law into the bankruptcy scheme created by the Bankruptcy Code (the Code). Particularly troublesome have been vessel-arrest proceedings that are underway when the vessel’s owner files for bankruptcy. Prior to the enactment of the Code, courts applied the doctrine of custodia legis to decide whether the admiralty or the bankruptcy court would administer the vessel. Since the Code was enacted, courts have generally held that the bankruptcy court gained control. A recent Ninth Circuit decision, however, split with other circuits and seems to have revived custodia legis. This Note argues that the Ninth …