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While Congress began passing legislation regarding bankruptcy relief early in the 19th century, it was not until The Nelson Act of 1898 before the country had its first modern bankruptcy legislation. Our current Bankruptcy Code traces back to the Bankruptcy Reform Act of 1978.
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Inflation, Interest Rates, and Already-Increasing Commercial Bankruptcy Filings
By Erich N. Durlacher
What Should Financial Institutions Do Now In Anticipation of a Potential (and Long-Awaited) Downturn
What should a prudent lender be doing right now to “brace” itself for the coming financial uncertainty? Adopt a five-point “CAPER” strategy: Communicate, Analyze, Preserve, Execute, and Resolve.
By Michael L. Cook
“… [B]ecause Congress has not clearly abrogated the solvent-debtor exception,” the U.S. Court of Appeals for the Fifth Circuit held that a reorganized solvent debtor had to “pay what it promised now that it is financially capable.”
Cybercrime and Bankruptcy: The Crypto Winter
By Sean J. Coughlin and Vivian B. Isaboke
It comes as no surprise that the crypto winter has reinforced the perception of critics that digital currencies are “risky, flawed and unproven digital financial instruments.” This article analyzes the state of the cryptocurrency market and examines the impact of cybercrimes and crypto bankruptcies on the current market.
Sixth Circuit Adds Results-Based Contingency to Fee Payment Approval
By Charles M. Tatelbaum and Corey D. Cohen
A recent decision from the U.S. Court of Appeals for the Sixth Circuit may be creating a tsunami of concern to those that represent bankruptcy trustees. The decision, in essence, takes an hourly fee arrangement between the trustee and the trustee’s attorneys and adds a results-based contingency to the approval of any fee payment authorization by the bankruptcy court.
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