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Cryptocurrency Investment Scheme Primer
The cryptocurrency industry is plagued with problematic investment opportunities. But while the historical values of cryptocurrency have demonstrated volatility, investors continue to be drawn to these investments in hopes of capitalizing on increasing value. However, cryptocurrency investments have lately been associated with fraudulent investment schemes.
Delman v. GigAquisitions3, LLC et al.: The Inherent Conflicts of de-SPAC Mergers
In 2021 and continuing into 2022, the magnitude of SPAC deals was historic. While the number of announced SPAC deals slipped in 2022 (by as much as half) and the number of withdrawn SPACs increased, the initial wave of “busted SPACs” has started, and many are approaching deadlines to consummate business mergers or consider liquidation and restructuring alternatives.
Health Care Bankruptcy 101: Factors to Consider When Filing a Health Care Bankruptcy Case
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.
The Basics of Blockchain and Its Effects on Your Next Restructure
This panel will explore the basics of blockchain — which is quickly becoming a major sector of the insolvency world — and its inevitable impact on bankruptcy cases.
Tax Traps for Bankruptcy Attorneys
This panel focuses on material tax issues that every bankruptcy attorney should know that can impact both estate administration and bankruptcy plans. The panelists highlight issues that should be considered when a company is considering filing for bankruptcy or is in bankruptcy, such as tax attribute planning and preservation, management of COD income in connection with liability management transactions, “significant modification” of debt and how to minimize consequences, the considerations if the debtor is a partnership or a corporation, associated state tax issues, and key tax return compliance implications.
Look Ahead to 2023: Financial Advisors and Investment Banking Committee
The Financial Advisor and Investment Banking Committee of the ABI presented its "Hot Topics and Prognostications for 2023" on February 25, 2023. From busted SPACs to heathcare to retail and real estate, the FAIB previewed issues that the restructuring community will necessarily address in the coming year. The FAIB also previewed its programming for 2023, which will cover such topics as cross-border disputes and litigation, tax issues for the non-tax professional, and myriad governance issues and considerations in the context of distress or conflict.
Success Fee Dispute Arising Post-Effective Date Is a Core Bankruptcy Matter When Its Resolution Requires Interpretation of Plan Injunction
A plan sponsor’s financial advisor sues the plan sponsor and reorganized debtor for payment of a success fee arising from a purported financing transaction that allegedly closed post-effective date. In what forum should the suit be resolved? According to a recent decision from the Third Circuit, the suit is squarely within the jurisdiction of the bankruptcy court when such claims and issues require interpretation and enforcement of a plan injunction. [1]
The Intersection of the 1111(b) Election and Subchapter V
As subchapter V matters continue to become a meaningful part of an insolvency practice, lawyers and financial advisors should be aware of the nuances that can arise in such matters when they intersect with the more complicated areas of bankruptcy law. The § 1111(b) election within a subchapter V matter falls squarely within this realm, and its application has led some cases into uncharted territory.