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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, (2) the solvent-debtor exception similarly requires the payment of makewholes, and (3) reinstated creditors are entitled to collect post-petition interest at the default rate.
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. As regulatory bodies and accounting standards organizations grapple with the complexities of this digital asset class, a new accounting standard for cryptocurrencies is being introduced.
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.
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 While the number of announced SPAC deals slipped in 2022 (by as much as half) and the number of withdrawn SPACs increased, the initial wave of “busted SPACs” has started, and many are approaching deadlines to consummate business mergers or consider liquidation and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.
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 explore the basics of blockchain — which is quickly becoming a major sector of the insolvency world — and its inevitable impact on bankruptcy cases.
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.
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.
