Cybercrime and Bankruptcy: The Crypto Winter
November 01, 2022
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
November 01, 2022
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.
Upcoming Webinar: Reorganization Ethics and Fees
November 01, 2022
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.
The Benefits of Subchapter V — But Are You Guaranteed to Stay?
October 01, 2022
Although Subchapter V may create a clearer path to confirmation, debtors must be aware of, and (absent an extension by the court) comply with, the more stringent timing requirements, such as the requirement of filing a plan within 90 days after filing bankruptcy.
Third Circuit Holds Ethical Screen Insulates Side-Switching Lawyer's New Firm
October 01, 2022
The Third Circuit recently affirmed a bankruptcy court's denial of a defendant's motion to disqualify the plaintiff's law firm in a large adversary proceeding, holding that it had not abused its discretion because the plaintiff law firm had "complied with" ABA Model Rule of Professional Conduct 1.10(a)(2).
Are Voting Rights Provisions In Subordination Agreements Enforceable?
October 01, 2022
Subordination agreements often contain an agreement by the subordinated creditor that, if the issuer is a debtor in a bankruptcy case, the senior creditor can vote the claim of the junior creditor on any proposed Chapter 11 plan. If given effect, such a voting provision can give a senior creditor significant power, relative to both the subordinated creditor and other creditors, to support or oppose confirmation of a plan.
New Technologies Make for a Shifting Definition of 'Technical Competence'
September 01, 2022
While new and/or improving technologies may be challenging, they likely also present new opportunities which can facilitate delivering the best services at the best cost. Some solutions can be handled directly by law firms — but others will require the courts to approve, and, perhaps, even change of procedures to get with the times.
The Duty and Benefits of Technology Competence
September 01, 2022
We all have experienced technology's dramatic effect on bankruptcy practice, particularly in the electronic filing of documents and in the electronic communication and sharing of information among parties.
