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Practitioners Weigh In If anyone was holding out hope for a tidal wave of corporate bankruptcies in 2022, it's time to abandon ship. If that was part of your 2023 budget, don't get on the ship altogether.
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The Southern District of New York vacated a bankruptcy court's judgment holding a debtor's business competitor "in contempt for violation of the [Bankruptcy Code's] automatic stay … and assessing sanctions" of $19.2 million.
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The sudden and spectacular crash of crypto-exchange FTX will send long-lasting tremors through both the nation's financial regulatory and bankruptcy landscapes.
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In In re Norrenberns Foods, the U.S. Bankruptcy Court for the Southern District of Illinois had occasion to rule on a creditor's objection to the sale of a debtor's assets.
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The U.S. District Court for the Southern District of New York recently provided critical guidance on what the court observed as the "psychedelic confusion" surrounding the intersection of Bankruptcy Code §365, governing the assumption and rejection of executory contracts, and Bankruptcy Code §503, governing administrative priority.
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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.
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"… [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."
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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.
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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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A discussion on the ethical restraints on professionals imposed by the Bankruptcy Code, Bankruptcy Rules, and the ABA Code of Professional Conduct. Also, how the rules work and can affect your case.