Daniel A. Lowenthal

Daniel A. Lowenthal

Patterson Belknap Webb & Tyler LLP

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Latest Publications


Tough Choices Confront Trade Creditors When a Retailer Faces Bankruptcy

The Great Recession, which began in December 2007 and officially ended in September 2009, has been especially hard on U.S. retailers, and its impact likely will be felt for many more years. Retailers sustained record-breaking...more

10/9/2014 - Bankruptcy Code Commercial Bankruptcy Creditors Debt Collection Internet Retailers Retailers Suppliers Trade Credit

Equitable Mootness: Two Recent Third Circuit Decisions

Equitable mootness is a judge-made remedy that is misnamed. Judges apply it to seek an equitable result, but mootness in the constitutional sense is absent. Article III, section 2 of the U.S. Constitution bars federal...more

1/15/2014 - Appeals Article III Chapter 11 Commercial Bankruptcy Creditors Debtors Equitable Mootness Mootness Reorganizations

Stanwich Clarifies Wagoner Rule in Fraudulent Transfer Cases

In the Second U.S. Circuit, the so-called Wagoner rule deprives a trustee of standing to sue third parties, such as lawyers and investment bankers, if the bankrupt corporation participated with them in defrauding creditors. A...more

10/15/2013 - Brokers Chapter 11 Commercial Bankruptcy Fraudulent Transfers Misappropriation Professional Liability Standing Trustees

Sunbeam Products, Inc. V. Chicago American Manufacturing, LLC

The U.S. Court of Appeals for the Seventh Circuit in Chicago has issued a decision with significant implications for licensees of trademarks whose licensors become debtors in bankruptcy. In Sunbeam Products, Inc. v. Chicago...more


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