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A bankruptcy judge, his law clerk and two law students challenged this author’s opinion piece entitled “Inconvenient Bankruptcy Appeals” from the December 2024 issue of The Bankruptcy Strategist that district courts and Bankruptcy Appellate Panels have been rigidly limiting appellate review of interlocutory bankruptcy court orders as a matter of convenience. The critics argue instead that these courts consistently apply appropriate statutory and decisional standards when they decline appellate review, striving to “get it right.” A quick reply follows.
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Over the past several years, the merchant cash advance (MCA) industry has grown substantially, fueled by small and middle market businesses needing quick financing once COVID-relief programs ended, with creative and aggressive lenders waiting to meet those needs. Before considering legal options for businesses that have secured MCAs, it is important to understand what an MCA is and why it poses a risk.
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Much ink has been spilled about the continued ascent of the “liability management exercise” (LME). Not to fret, this is not another LME article; rather, this article focuses on potential consequences of certain LME strategies.
Features
Demand in the bankruptcy portion of the restructuring practice has been a little sluggish this year as commercial Chapter 11 filings declined 15% compared to the same period in 2024, according to a new report from the American Bankruptcy Institute and Epiq.
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How can a court order be served to an anonymous individual during litigation? And if that individual is holding misappropriated cryptocurrency in a self-custodied, anonymous wallet, can those funds be seized and recovered? These questions are becoming more common in digital assets disputes, bankruptcies and litigations.
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Large amounts of data including personally identifiable information can be compromised in the event that debtors file for bankruptcy, and sell the information to pay back creditors.