Melissa A. Peña, a Member of law firm Norris McLaughlin, P.A., and Chair of its Bankruptcy & Creditors’ Rights Practice Group, and Kimbrilee M. Weber, an Associate of the firm, and a member of the firm’s Creditors’ Rights Practice Group, will present the webinar "Navigating COVID-Era Moratoriums" hosted by the New York County Lawyers Association (NYCLA) on December 14, 2021, at 5:30 p.m.
New York State enacted legislation including foreclosure and eviction moratoriums to protect certain tenants and mortgagees in the wake of the COVID-19 pandemic. As of December 2020, to qualify for such protections, residential and qualifying commercial tenants/mortgagors were required to attest to their COVID-related hardship to take advantage of the protections. In August of this year, the US Supreme Court holding in Chrysafis et al. v. Marks found that such protections violated an owner’s due process rights if the tenant had a unilateral ability to stay the proceedings. Accordingly, on September 2, 2021, Governor Kathy Hochul signed into law an extension of the current COVID-related residential and commercial eviction moratoriums for New York State which currently remains in effect until January 15, 2022, and provides owners and mortgagor’s with the ability to challenge a claimed COVID-related hardship under the current laws.
During this discussion, our presenters will address the current moratoriums in place for residential and commercial evictions and foreclosures. The presentation will also address how the moratoriums have evolved over time, the questions left unresolved by current legislation and we will share some experiences in litigating those issues. Additionally, the presenters will discuss insights on whether the current moratoriums will extend beyond their currently slated January 15, 2022 expiration date and consider what the landscape looks like for bankruptcies once the moratoriums have lifted.
When: Tuesday, December 14, 2021
The New York County Lawyers Association was founded in 1908, and at the time of its founding, the only existing bar association in Manhattan precluded some lawyers from membership by virtue of ethnicity, religion, gender and race. Although other factors contributed to the atmosphere that produced the new association, none was as strong as "selective membership." Not only were large groups of lawyers denied affiliation with a bar association, but independent perspectives on the judicial system were also curtailed by the reluctance of a few large law firms to facilitate change. Throughout its history, NYCLA's bedrock principles have been the inclusion of all who wish to join and the active pursuit of legal system reform.
Melissa, a member of the firm’s Management Committee and Chair of its Diversity & Inclusion Committee, concentrates her practice in the areas of bankruptcy, commercial litigation, and mortgage foreclosures. Her practice covers all aspects of litigation and insolvency matters in both state and federal courts. She frequently represents secured lenders, creditors’ committees, debtors, trustees, landlords, and other creditors in Chapter 11 bankruptcy proceedings pending in New York, New Jersey, and Delaware.
In addition, Melissa has extensive experience litigating cases involving UCC matters, actions to enforce promissory notes and guarantees, inter-creditor agreements, lien priority disputes, equipment leases, fraudulent conveyance actions, preferences, and various creditor enforcement matters. She regularly represents lenders in commercial mortgage foreclosure proceedings. Whether inside or outside the courtroom, Melissa’s goal is to find a practical business solution for clients. She utilizes litigation as a tool to further a client’s business objectives in a cost-effective manner.
Melissa serves on the Board of Directors for Meritas, the largest worldwide affiliation of high-quality law firms, and as Co-Chair of its Financial Services/CRABS Section. She is also a member of the Bankruptcy Inn of Court, New York County Lawyers’ Association, and National Association of Women Lawyers.
Kim Weber focuses her practice on complex commercial litigation matters and represents clients in a variety of high-stakes litigation in state and federal courts in New York and New Jersey. Her litigation experience involves pretrial procedure and discovery, electronic discovery, briefing and arguing motions, taking and defending fact witness and corporate representative depositions, appellate practice, and post-judgment discovery and collections. Kim’s representative matters for diverse individual and corporate clients informs her flexible, problem-solving approach to litigation, aimed at maximizing efficiency and positive outcomes for her clients.
Kim is also a member of the firm’s Associates Committee, serving as a liaison between firm Management and her fellow Associates.