Young and New Members

Don’t Get Bit: Bitcoin and Other Cryptocurrencies in Bankruptcy

Bitcoins. Litecoins. Dogecoins. Even, at one point, “Coinye West.” Like it or not, it’s hard to deny that bitcoin and cryptocurrencies like it have been quite the talk of the financial world recently. Between Feb. 1, 2013, and Feb. 1, 2014, bitcoin prices have risen from about $20 per coin to a high of more than $1,200 and then fallen back down into the $500 to $600 range.

Read Before You Sign: Why You May Want to Think Twice about Signing that Proof of Claim for Your Client

Do you sign proofs of claim on behalf of a client? Many young attorneys have done it early in their careers, either out of convenience or an eve-of-the-bar-date request of a client to file a proof of claim on its behalf, and likely have thought nothing of it. A recent opinion from the U.S. Bankruptcy Court for the Southern District of Texas in Duke Investments Ltd., et al. v. Amegy Bank N.A. (In re Duke Invs. Ltd.), Adv. No. 10-03577, [ECF. No. 94] (Bankr. S.D. Tex.

Amended Rule 2019 and Its Effect on Disclosure Requirements

Distressed opportunity in the U.S. is shaping up to be the best opportunity in a lifetime. —John Paulson, February 2009[1]

To Avoid or Not to Avoid? Section 546(e) and the Private Stock Transaction (No Transaction Is an Island?)

The bankruptcy court in Geltzer v.

Business Development Pointers for Junior-Level Associates

As a junior-level associate, business development is at once an alluring and daunting topic, shrouded in mystery. As a bright-eyed associate, it seems as though the firm rainmakers are always making rain and it is hard to imagine that their entire book was once comprised of representing Uncle Stu in his loan modification to keep the hardware store afloat. Sadly, my own relatives have not required workout or restructuring assistance in the three years I have been practicing, but I remain morbidly hopeful.

Right to Protection of Leasehold Interest in Real Property in a Section 363 Sale by a Debtor-Landlord: Section 363(f) versus Section 365(h)

Two sections of the Bankruptcy Code seemingly stand at odds regarding the protections offered to lessees of real property owned by a bankrupt debtor. Section 365(h) strongly protects a lessee’s right to possession of real property in the face of debtor’s rejection of the lease. The legislative history of § 365(h) indicates that Congress had a desire to protect a lessee’s expectations in real estate transactions. However, § 363(f) allows a trustee or debtor in possession (DIP) to sell real property free and clear of “any interest” in such property, including a leasehold interest.

Cayman Islands Law Issues in U.S. Investment Fund Litigation

Litigation in U.S. courts that involve Cayman investment funds, their shareholders, directors and service providers, in particular at the suit of shareholders and liquidators, is on the increase. This article gives an overview of some of the more important of those issues that are most frequently encountered—directors’ duties, shareholders’ derivative claims, reflective loss and indemnity and exculpation provisions for directors and service providers. In this article, the focus is on corporate Funds, although the same principles will apply generally to Cayman companies.

Notes from the Road – The Bankruptcy Cases Everyone is Talking About and the Issues that Make Them Controversial

I recently had the pleasure of attending two conferences sponsored by the American Bankruptcy Institute (“ABI”).  First, the Valcon conference in Las Vegas, which focused primarily on issues relating to bankruptcy and valuation.  Second, the yearly spring meeting of the ABI, held in Washington, D.C., during the annual cherry blossom weekend.  Las Vegas was only slightly warmer than Washington, D.C.

Read All About It – Court Reminds Debtors and Creditors of the Importance of Reading the Newspaper and the Effect of Publication Notice on Claims

In recent decades, with the emergence of the internet and development of technology, reading a newspaper printed on real paper has become a fleeting relic of daily life in this country.  We can now get the news we want in a single click, from almost anywhere and at any time.  This once daily ritual, however, may be of great importance to bankruptcy debtors and their attorneys, as well as creditors who may be unknown to the debtor at the time of its bankruptcy proceeding. 

Are Utility Providers Entitled to Section 503(b)(9) Claims?

Under § 503(b)(9) of the Bankruptcy Code, trade creditors are granted an administrative-priority claim for the value of goods that they had sold and delivered to the debtor in the ordinary course of the debtor’s business, and the debtor had received within 20 days of its bankruptcy filing. Although § 503(b)(9) appears to be a simple, rather uncomplicated provision, it has nevertheless been the subject of litigation over some of its seemingly simple terms.

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