Insurance

Digital Assets Are Coming to a Bankruptcy Near You

This session will introduce participants to the very hiogh likelihood that digital assets could be a part of a bankruptcy estate given the rapid growth in the use of digital assets to transact business and in the number of people in the United States that own digital assets. Participants will be made aware of the resources, tools, and professional services available to locate, track, quantify, value and recover digital assets for the bankruptcy estate. 1. Participants will gain a working understanding of blockchain technology, cryptocurrencies and other digital assets and their rapid adoption by individuals and businesses.
2. Participants will learn to identify signs that a party may possess digital assets and will be familiar with the resources available to aid in discovering and identifying digital asset ownership.
3. Participants will learn about the techniques and tools available to trace and recover digital asset transactions.
4. Participants will learn the basic issues and challenges in valuing digital assets. Creditor Suggested Speakers Marc Schwartz Mschwartz@schwartzassociates.us Schwartz Associates, LLC

U.S. Supreme Court: Debtors’ Insurance Company Has Standing to Be Heard in Chapter 11 Proceeding

The U.S. Supreme Court held last week in Truck Insurance Exchange v. Kaiser Gypsum Co. that an insurance company with financial responsibility for bankruptcy claims is a “party in interest” with the right to object to a chapter 11 reorganization plan. Section 1109(b) of the Bankruptcy Code provides:

The ‘Insured vs. Insured’ Exclusion in a D&O Policy Doesn’t Apply to a DIP

When a DIP sues a former officer, the bankruptcy ‘exception’ in a D&O policy provides coverage when the ‘insured vs. insured’ exclusion would otherwise deny coverage.