Bankruptcy Litigation Committee

Committees

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 “bitcoin.org” 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]

Post date: Monday, September 24, 2018

In the Second Circuit, § 109(a) of the Bankruptcy Code applies to cases brought under chapter 15, meaning that a foreign representative cannot seek recognition or any other type of relief under chapter 15 if the foreign debtor does not have a domicile, residence, place of business or property in the U.S.[1]

Post date: Monday, September 24, 2018

Recently, the U.S. Bankruptcy Court for the Southern District of New York was asked to decide whether an auditor was required to provide its work papers to a foreign representative who sought to compel such production pursuant to certain provisions of the Bankruptcy Code and the Bankruptcy Rules, including Bankruptcy Code § 1521.

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Mr. John C. Cannizzaro
Co-Chair
Ice Miller LLP
Columbus, OH
(614) 462-2700

Ms. Isley Markman Gostin
Co-Chair
WilmerHale
Washington, DC
(202) 663-6551

Mr. Mark A. Platt
Communications Manager
Frost Brown Todd LLC
Dallas, TX
(214) 580-5852

Ms. Sara L. Abner, Esq.
Education Director
Frost Brown Todd LLC
Louisville, KY
(502) 779-8178

Mrs. Dana L. Robbins
Membership Relations Director
Burr & Forman LLP
Tampa, FL
(813) 367-5760

Mr. Jon Jay Lieberman
Special Projects Leader
Sottile & Barile LLC
Loveland, OH
(859) 912-1659

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