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Predictions of an uptick in bankruptcy filings came true this year, and bankruptcy lawyers are expecting a steady continuation into 2024, with the use of alternative approaches continuing to increase.
Bankruptcies this year accelerated compared with last year, according to Cornerstone Research. The wave of bankruptcies took out big names such as Silicon Valley Bank and Bed Bath & Beyond. The trend was particularly pronounced within the crypto sector, and with Subchapter V filings enabling small businesses to reorganize more easily, smaller companies also saw more cases.
"We're definitely seeing and feeling that increase in volume, and that is both in the big and small segments of the market," said David Rosendorf, a bankruptcy-focused partner at Miami-based Kozyak Tropin & Throckmorton. "I think the numbers are in line with what expectations were. I'm not a prognosticator, but I expect we're going to see that trend continue."
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In June 2024, the First Department decided Huguenot LLC v. Megalith Capital Group Fund I, L.P., which resolved a question of liability for a group of condominium apartment buyers and in so doing, touched on a wide range of issues about how contracts can obligate purchasers of real property.
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