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Publications
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10.03.2017Debtor’s Failure to Disclose No Longer Deadly in Eleventh CircuitUpdates
Employers and other defendants recently suffered a setback in the Eleventh Circuit, which reversed itself and will now require a “totality of the circumstances analysis” to determine whether a debtor/plaintiff should be precluded from pursuing litigation that was not disclosed in their bankruptcy documents in a timely manner.
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07.24.2017Third Circuit Decides Goods Are “Received” Upon Physical Possession in Bankruptcy CaseUpdatesMany creditors that provide goods to a debtor before a bankruptcy case begins believe that their recovery will be mere cents on the dollar.
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11.18.2015Retail Distress in the 2015 Buying SeasonArticlesA record number of retail and mall closures and bankruptcies should put retailers and their vendors on alert as the holiday season begins.
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06.09.2015Can This Holiday Be Saved? Retail Distress in the 2015 Buying SeasonUpdatesIn the ramp up to this holiday season, the record number of retail and mall closures and bankruptcies should put retailers and their vendors on alert. Several retail icons have sought or considered bankruptcy protection.
Republished in Law360 on 06.25.2015.
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03.27.2014How Will Mt. Gox's Bankruptcy Shake Out?Articles
Daily Journal
Bitcoin exchange Mt. Gox recently filed a civil rehabilitation proceeding under Japanese law, and subsequently filed a companion case in Dallas, Texas, under Chapter 15 of the U.S. Bankruptcy Code. The U.S. Bankruptcy Court issued an initial stay (injunction) to protect Mt. Gox and its U.S. assets from actions by creditors and set a hearing for April 1 and 2 to consider whether Mt. Gox would receive the full protections allowed to foreign companies by Chapter 15. If the U.S. court allows the Chapter 15 case to be maintained, certain provisions of the U.S. Bankruptcy Code will apply to parties in interest. This article discusses what the implications of these cases are for Mt. Gox's creditors.
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07.24.2013Bankruptcy News for the MassesArticles
Dow Jones & Company
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02.13.2013Chrysler’s Restructuring and the Value of DebtArticles
Dow Jones & Company
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02.08.2012Can Secured Creditors Credit Bid In Ch. 11 Plans?Articles
Law360
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11.30.2011Proposed Revised Guidelines For Attorney Fee ApplicationsArticles
Dow Jones & Company
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11.04.2011Case Study: In Re Tribune Co.Articles
Law360
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03.02.2011Gift Plans And Bankruptcy FunArticles
Dow Jones & Company
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09.21.2009Sec. 1111(b) And Commercial Real Estate CasesArticles
Law360
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08.10.2009Nationalized health care, stimulus and privacy rightsArticles
Fort Worth Business Press
Presentations
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05.22.2019How to Value DebtSpeaking Engagements
21st Annual New York City Bankruptcy Conference / New York, NY
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06.09.2017Green Energy InsolvenciesSpeaking EngagementsAssociation of Insolvency and Restructuring Advisors 2017 Annual Conference / Chicago, IL
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05.18.2017Current Issues in the Energy SectorSpeaking Engagements19th Annual New York City Bankruptcy Conference / New York, NYCurrent trends in energy, from gas production to the coal market to alternative forms. Updates of current markets, as well as recent bankruptcy cases and issues, will be addressed, including the rejection of gathering agreements and the upward trend in requests for equity committees in commodity cases.
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05.12.2016Fraudulent Transfer LitigationSpeaking Engagements18th Annual New York City Bankruptcy Conference / New York, NYRecent litigation on actual v. constructive fraud; how to plead and prove actual intent (Lyondell); anticipated Second Circuit decision on safe harbors, etc.; “fraudulent spin-off” cases (Tronox; Chemours, Paragon Offshore); conflicts of law issues.
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01.22.2015Circuit Splits and Ethical ImplicationsSpeaking EngagementsThis is a chance for you to be a Supreme Court Justice. This panel will present the arguments on both sides of several important bankruptcy issues on which the circuits are split. Learn about the issues, and decide on which side of the divide you fall.
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12.04.2014Conflict and Controversy over Injunctions, Releases and Related Protective ReliefSpeaking Engagements26th Annual Winter Leadership Conference / La Quinta, CAThe extent to which bankruptcy courts may properly shelter reorganized debtors, purchasers of assets, and other third parties from personal injury, product liability and other liabilities is a question that continues to generate a substantial amount of litigation and judicial decision-making.
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10.10.2014Public DebateSpeaking EngagementsNCBJ Annual Meeting / Chicago, ILPublic Debate for ABI Commission to Study the Reform of Chapter 11, at the NCBJ's Annual Meeting.
Virtual Currency Report
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SEC Approves 11 Spot Bitcoin Exchange-Traded Products
On January 10, the Securities and Exchange Commission gave the green light to 11 issuers that applied for bitcoin exchange-traded funds (ETFs). After a false announcement and a course change due to the ruling in Grayscale Investments, LLC v. SEC, the SEC approved spot Bitcoin ETFs for ARK 21Shares, Invesco Galaxy, VanEck, WisdomTree*, Fidelity, Valkyrie,... Continue Reading…
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BarnBridge and its founders Tyler Ward and Troy Murray allegedly sold unregistered SMART Yield bonds, which the SEC considers crypto asset securities. Respondents also were charged with violations stemming from operating BarnBridge’s SMART Yield pools as unregistered investment companies. BarnBridge agreed to disgorge $1,457,000 from the sale and Ward and Murray agreed to civil penalties... Continue Reading…
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NYDFS Proposes Updates to Guidance for Listing and Delisting Digital Assets
What Happened? The New York Department of Financial Services (NYDFS or Department) released proposed updates to its guidance on the self-certification process for listing and delisting digital assets. It also announced significant changes to the Department’s “Greenlist” of vetted digital assets. This industry development affects companies that have received permission to engage in virtual currency... Continue Reading…
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The Federal Reserve’s Novel Activities Supervision Program: What Banks and Nonbanks Need to Know
Financial technology firms and certain banks and bank holding companies can expect to face increased scrutiny as the Board of Governors of the Federal Reserve System takes another step to stem risks related to crypto-assets, use of blockchain technology, and complex fintech partnerships with nonbanks to deliver financial services to customers. Through its newly announced... Continue Reading…
