Finance and Banking

Despite Section 1325(a)(5)(B), an auto lender was entitled to retain a lien when there were co-debtors.

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

Could You Be a Debtor? SDNY Renders Decision in Chapter 15 Proceeding for SVB Cayman Branch By Luke A. Barefoot, Thomas S. Kessler and Ethan Singer 1 The failure of Silicon Valley Bank (SVB), the second-largest bank failure in U.S. history, in March 2023 rocked the

Over the past year, case law around privacy and data security has been evolving in crypto industry bankruptcies, as courts grapple with familiar issues in a new industry. Debtors, unsecured creditors’ committees and other proponents of greater privacy for creditors of crypto companies argue that greater precautions are required because crypto company creditors are more likely than creditors of other types of companies to be targeted by identity theft and scams. Crypto assets can be attractive to scammers and other bad actors due to the anonymity of cryptocurrency transactions and difficulty tracing crypto assets.

Bankruptcy Rule 7070, incorporating Federal Rule 70 along with 28 U.S.C. § 1655, gives bankruptcy courts power to remove liens of record when the lenders don’t do so voluntarily.

Legislation Introduced to Cap Credit Cards’ Annual Percentage Rate Sen. Josh Hawley (R-Mo.) introduced the “Capping Credit Card Interest Rates Act” on Sept. 12 to cap the interest rate for credit cards at a “common-sense level” of 18 percent in an effort to protect

A Quick Look at Bankruptcy/Debt Issues to Date in the 118th Congress As Congress returned to Capitol Hill in early September following summer recess, many of the headlines regarding legislative action once again turned toward key issues surrounding funding and budgetary

When, post-confirmation, a chapter 13 debtor sells his or her home, who gets the benefit of the appreciation: the debtor, or his or her creditors? Judge Randon in Michigan adopted the so-called “estate replenishment approach” and held that sale proceeds derived from post-confirmation appreciation of a home belong to the debtor.

By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo Debtor Must Pay Default Rate Interest to Cure Defaulted Debt; Takes Deep Dive into Difficult Issue While plenty has been written on the issue of what a debtor must do to “cure” and reinstate an accelerated