Bankruptcy Litigation Committee


Post date: Thursday, May 02, 2019

Trustees and their counsel can breathe easier in the Fifth Circuit.

Post date: Thursday, May 02, 2019

Before litigating an adversary proceeding or contested matter against a state or its agencies, plaintiffs would be wise to consider whether the state entity has a colorable sovereign immunity defense.[1] In In re La Paloma Generating Co.,[2]

Post date: Thursday, May 02, 2019

In enacting § 106(a) of the Bankruptcy Code,[1] Congress waived the government’s ability to assert the defense of sovereign immunity with respect to a variety of Bankruptcy Code provisions.[2] Section 106(a) specifically authorizes the court to “issue

Post date: Thursday, May 02, 2019

A Delaware Bankruptcy Court has held that litigants pursuing post-confirmation state law fraud claims against the trustees of a mass-tort litigation trust must first seek leave from the bankruptcy court that established the trust. In Smith v.

Post date: Friday, January 11, 2019

        Over the past few years, U.S. regulatory agencies have significantly increased their exertion of authority to regulate virtual currencies as well as their enforcement efforts over cryptocurrency transactions. This is not surprising given the potential for and actual abuse of the cryptocurrency markets, as well as the volatility of such markets.

Post date: Friday, January 11, 2019
Photo of Richard E. Hagerty
Richard E. Hagerty

            Bitcoin’s rise in popularity has disrupted many areas of commercial law.

Post date: Friday, January 11, 2019
Photo of Joanne L. Molinaro
Joanne L. Molinaro

        In the past several weeks, we have seen an uptick in crypto-related insolvencies; most recently Giga Watt, a Bitcoin-mining firm, filed for chapter 11 relief in the Eastern District of Washington. Often, the questions arising out of a crypto-related bankruptcy revolve around the value of Bitcoin or other cryptocurrency.

Post date: Friday, January 11, 2019

        Value is everything in bankruptcy: finding (or creating) it, preserving it, maximizing it, and ultimately allocating it in accordance with statutory priorities among many (and often competing) constituencies.

Post date: Tuesday, January 08, 2019
Photo of Christian A. Pereyda
Christian A. Pereyda

           The “” domain name was registered on Aug. 18, 2008.[1] Two months later, on Oct.

Post date: Monday, September 24, 2018

On April 9, 2018, Hon. Martin Glenn of the U.S. Bankruptcy Court for the Southern District of New York approved third-party releases of nondebtor affiliate guarantors in a chapter 15 proceeding, even though not all of the parties bound by the releases had voted in favor of the releases.[1]


Mr. Joseph C. Barsalona, II
Morris, Nichols, Arsht & Tunnell LLP
Wilmington, DE
(302) 351-9118

Mr. Peter J. Keane
Pachulski Stang Ziehl & Jones LLP
Wilmington, DE
(302) 778-6462

Mr. Anthony F. Pirraglia
Communications Manager
Holland & Knight LLP
Houston, TX
(713) 654-8111

Ms. Isley Markman Gostin
Education Director
Washington, DC
(202) 663-6551

Mr. John C. Cannizzaro
Membership Relations Director
Ice Miller LLP
Columbus, OH
(614) 462-2700

Mr. Michael T. Delaney
Newsletter Editor
Cleveland, CA
(216) 861-7478

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