Cryptocurrency, Blockchain and Bankruptcy
Cryptocurrency, Blockchain and Bankruptcy By W. Marc Schwartz, Christopher S. Roberts and Kyung S. Lee When “cryptocurrency” and “bankruptcy” are used in the same sentence, one immediately associates the terms with headlines of potential billion-dollar losses suffered
Denial of a Debtor’s Motion to Dismiss a Petition Isn’t Appealable, Second Circuit Says
In practical effect, the Second Circuit’s opinion means that a chapter 7 debtor may never appeal denial of a motion to dismiss a petition.
Supreme Court’s Jarkesy Opinion Clarifies Granfinanciera on Jury Trial Rights
A Supreme Court nonbankruptcy decision means there is no right to a jury trial in the claims-allowance process in bankruptcy.
Circuit Says Retaining Jurisdiction Not Required to Impose Fees Under Section 303(i)
Motions for fees must be made within 14 days of the entry of judgment.
Split Fourth Circuit Panel Bars Use of Equity to Correct an Oversight in Retention
The majority in the Fourth Circuit based a bright-line rule on the presence of the word ‘the’ in Section 327(a).
Tyler Applied Retroactively to Set Aside a Judgment of Tax Foreclosure
Tyler was applied retroactively because the debtor’s efforts to set aside a tax foreclosure judgment were ‘in the pipeline’ when bankruptcy began.
Inside ABI August 2024
President’s Column Subchapter V All members should know that ABI’s Subchapter V Task Force unveiled its final report of recommendations at the Annual Spring Meeting in April. The Final Report revealed that subchapter V of chapter 11 of the Bankruptcy Code is achieving