The rapid increase in the use and consumption of bitcoins is undeniable. Given the volatility of the bitcoin market, a large fluctuation bitcoin value could cause a surge in bitcoin-related filings.
Home » ABI Journal » The Cryptocurrency Craze: How to Treat Bitcoins in Fraudulent Transfer Litigation
Error - something went wrong!
The Boomerang Effect
Application of ASARCO and Boomerang Tube in the post-confirmation period may be especially problematic, or ...
Error - something went wrong!
Most Recent Flipbooks
Third-Party Litigation Funding: Where Do We Go Now?
Third-party litigation funding, where monied investors will finance litigation for a percentage of the litigation recovery, is here to stay, despite numerous and developing challenges and concerns.
Fees-on-Fees Retention Provisions Might Be Circling Back This Way
On Sept. 20, 2017, for the first time post-ASARCO, a bankruptcy court approved a “fees-on-fees” retention provision for an estate professional.
A Dangerous Mix: Multiple Board Service and Insolvency
Directors frequently serve on the boards of multiple entities within a single corporate family, but there could be risks if the parent corporation and one or more of its subsidiaries become insolvent.
Life After Jevic: An End to Priority-Skipping Distributions?
A number of recent bankruptcy court decisions have begun to extend the reach of the Supreme Court's decision in Czyzewski v. Jevic Holding Corp.
The Boomerang Effect
Application of ASARCO and Boomerang Tube in the post-confirmation period may be especially problematic, or at least uncertain.
Living in Borrowed Times: The Changing Context of Student Loan Discharge
Moral blameworthiness is why Congress first placed specific restrictions on discharging educational debt in 1976, but the context of student borrowing has since changed substantially.
Emerging Issues: Residential PACE Loans and Bankruptcy
Property Assessed Clean Energy (PACE) loan programs nationwide attest to the desirability of energy efficiency improvements as a matter of public policy, but they are not without issues.
Are Student Loans No Longer the "Third Rail" of Bankruptcy?
Courts typically apply the Brunner test to determine "undue hardship" when faced with a debtor with student loan debt, yet two recent decisions seem to have softened the harshness of § 523(a)(8).
Check Engine: Rules of the Road to Navigate Upcoming Auto Distress
The automotive industry faces an overhaul like nothing it has ever experienced. Short- and long-term challenges in the industry will likely result in a number of suppliers having to be restructured.
Private Equity Has a Retail Problem
Although 2017 was a solid year for private equity, PE-owned companies have accounted for an increasing share of large chapter 11 filings since early 2016, mostly due to more failed retail businesses.
The Implications and Effects of Filings for Health Care Businesses
Professionals in health care restructurings need to ensure strong lines of communication with payers, regulators and licensing bodies for speedy resolution, or a business's value can deteriorate.
Making Chapter 12 More Viable for Family Farmers
Chapter 12 filing rates have been far below those of chapter 13 and chapter 11, even during periods of increased overall bankruptcy filings, suggesting that chapter 12 might be underutilized.
Management Incentive Plans Under a Microscope
Finding agreement on MIPs can be among the most daunting obstacles toward building consensus around a restructuring plan. This article provides a brief overview of the key elements of MIPs.
Why Marijuana Assets May Not Be Administered in Bankruptcy
The Executive Office for U.S. Trustees sounds off on what happens when marijuana businesses file for bankruptcy relief.
Offshore Oil and Gas Leases: The Unanswered Question
If and when the next wave of oil-and-gas bankruptcies hits, more companies engaging in offshore exploration and production could be seeking bankruptcy protection.
If Jevic Is Your Problem, Litigation Finance Might Be Your Solution
In Jevic, SCOTUS ruled that the distribution scheme in a dismissal order must follow the absolute priority rule. Litigation finance can help when there are insufficient assets to satisfy creditors.
The Rest of the Story About the State of Brick-and-Mortar Retail
Retail bankruptcies are at a post-recession high. While the conventional wisdom is that online retailing is the culprit, this is only partly correct. This article offers a more in-depth analysis on th
The Manson Tapes: Evidence of Murder in Bankruptcy Court
Potential evidence of additional Manson Family murders has recently surfaced in the most unlikely of places: the U.S. Bankruptcy Court for the Eastern District of Texas.
Covenant-Lite Leveraged Loans: Time-Tested or Time Bomb?
So-called "covenant-lite loans" have an average default rate of just 1.3 percent for leveraged loans since 2011 — but we all remember how quickly that can change.
Depressed Valuations Pose Added Challenge to Retail Reorganizations