The last few years have seen an interesting array of cases addressing issues regarding interest rates in bankruptcy cases. [1] This article provides a summary update on whether (1) the solvent-debtor exception survives in determining the appropriate post-petition rate that must be applied to unimpaired claims under a chapter 11 plan, (
The emergence and widespread adoption of cryptocurrencies has revolutionized the financial landscape and posed significant challenges to traditional accounting practices. The complexities of cryptocurrencies and their increasing involvement in the financial world have given rise to an additional dimension of concern: the intersection of cryptocurrency and bankruptcy proceedings.
Debtor-in-possession (DIP) financing is known as the supply of additional financing to financially distressed debtors undergoing insolvency procedures. This kind of loan has become an essential component of restructuring as rescue financing for debtors on the verge of cash shortages.
Transitioning from a junior bankruptcy associate to a mid-level bankruptcy associate can sometimes feel like climbing the staircases at Hogwarts: difficult and uneasy at first, but it eventually becomes second nature.
The health care arena has not been immune to recent economic trends, and bankruptcies are on the rise, especially among senior care facilities. [1] This article examines some of the trends that have led to increased filings and some of the special considerations that arise in the context of a senior care facility bankruptcy filing.
Hello and thank you to our existing members, and a warm welcome to those who have recently joined us. We hope this newsletter finds you well, and we look forward to seeing all of you in the coming year.
Launched in 2014, Shift Technologies was a consumer-centric, omnichannel retailer for buying and selling used cars with the goal of improving the customer car-buying experience.[1] The company went public in 2020 via a de-SPAC merger and thereafter effectuated a number of strategic acquisitions, including the acquisition of complementa
The use of social media accounts by companies is now commonplace, and these social media accounts have themselves become valuable assets.[1] In a recent bankruptcy case, the debtor company sought to sell substantially all of its assets, and the bankruptcy court had to analyze who owned the debtor’s social media accounts: the debtor, or
Global investor activity means a sudden increase in interest in the crypto-asset market.
This panel of experts will discuss the latest trends in the wind, coal, and oil and gas industries that have dominated the headlines, with special emphasis on new regulatory issues and changes in the energy market.
Over the last several years, an increasing number of states, including New York, have adopted the UniformVoidable Transactions Act (UVTA), the latest update to the Uniform Voidable Transfer Act. The UVTA made a number of minor changes and updates to the Uniform Fraudulent Transfer Act (UFTA), including changingthe name. What changes were significant? What opportunities to fix problems/vagaries in the UFTA did the drafters miss? What amendments should the UVTA drafters consider?
Heading into the pandemic, health care was a hot sector in the restructuring landscape. Economic stimulusfunding and a need for health care facilities to address the COVID-19 pandemic led to a slowdown inrestructuring in the sector. However, stimulus funds are now drying up, and health care organizations that were struggling operationally or financially heading into the pandemic are facing even more challenges.
This panel will discuss the § 1111(b) election in modern times. It’s not the rule against perpetuities, but it’s also not as simple as your basic loan default. Do you know how to analyze whether making the election makes sense? Perhaps more importantly, do you know how to counsel your client through the process?
This panel will explore and discuss ethical issues that arise in consumer practice. The panelists will review recent cases and provide hypotheticals to invoke audience participation and discussion regarding topicsrelated to attorney fees, conflicts, and attorney/client privilege and confidentiality.
This panel will discuss mediation in mass-tort/multiparty cases such as Puerto Rico, Purdue, Boy Scouts andthe various religious institutions that have filed for bankruptcy. The panelists will highlight mediating tortclaims that have emotional and non-monetary components, such as sexual abuse; issues regarding nondebtor-related entity property and contributions; and liquidation concerns in a religious institutionbankruptcy.
When retained causes of action are the only recoveries for residual stakeholders, having the right toolkit —with tools sharpened and up to date — is essential to preserving and maximizing value.
Based on his distinguished 45-year career dealing with stress and human health, Dr. Bruce Rabin will present a timely program identifying the mental and physical effects of stress, and will introduce skills that can be used to minimize those effects. He will explore the concepts of isolation, changes in behavior and health due to the pandemic, and how negotiation strategies for in-person or remote mediations, client relations and decision-making are affected by stress.
The senior living sector, already stressed prior to the pandemic, has been upended by COVID-19. This panel will discuss the effects that COVID-19 has had on operational and financial performance, business models past and future, and the real estate valuations of senior living facilities. The panel will also identify what in-court and out-of-court alternatives exist, and will highlight adaptive reuse opportunities for owners and operators of these facilities.
Recent large bankruptcies like NRA, Boy Scouts of America, Roman Catholic Archdiocese, Purdue Pharma and J&J have invigorated debate over the longstanding issues of venue and bad faith in bankruptcy. This panel will explore matters surrounding venue and bad-faith filings, related ethics considerations, and the newest wave of reform initiatives.