Winter in June: Distress in the Crypto Industry and Potential Regulatory...
A recent downturn in the price of cryptocurrencies has rippled through the crypto industry, resulting in a number of major insolvencies that are sure to raise novel issues of law. This piece explores...
View ArticleA Tale of Fraud and Overzealousness: How the Judicial Shrinkage of “Initial...
What happens when a shady businessman transfers $1 million from one floundering car dealership to another via the bank account of an innocent immigrant? Will the first dealership’s future chapter 7...
View ArticleUltra IV: Make-Wholes, Never Say Never Again
Executive Summary On October 14, 2022, the U.S. Court of Appeals for the Fifth Circuit issued its long-awaited decision on the Ultra Petroleum make-whole dispute, holding that: (1) the make-whole...
View ArticleHow Many Connections are Too Many? Bankruptcy Court Finds Multiple...
Introduction In a recent decision of the United States Bankruptcy Court for the Southern District of New York (the “Bankruptcy Court”) in the chapter 11 cases of Scandinavian Airlines...
View ArticleWinter Wears On: Celsius Court Rules That Certain Customer Deposits are...
Introduction On January 4, 2022, Judge Martin Glenn of the Bankruptcy Court for the Southern District of New York ruled that customer deposits in Celsius’s Earn Program constituted property of the...
View ArticleA Foreign Entity May be Subject to U.S. Bankruptcy Court Jurisdiction Simply...
A foreign (non-U.S.) company can be dragged unwillingly into a U.S. bankruptcy case if the bankruptcy court has “personal jurisdiction” over the company. The chapter 11 case of In re Arcapita Bank...
View ArticleThe Supposed Hierarchy of “Efforts” Clauses
Despite Yoda’s famous pronouncement in the original Star Wars movie that there was “no try,” only “do, or do not,” it is common in acquisition agreements for one or both parties to undertake to “try”...
View ArticleRecent Developments at the Intersection of Bankruptcy and Environmental Law
Retired U.S. Bankruptcy Judge Robert E. Gerber once observed that “issues as to the interplay between environmental law and bankruptcy are among the thorniest on the litigation map.”1 Difficulties...
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