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Bankruptcy Code
830 published works
Louisiana Law Blog
Bankruptcy and Baseball: What Happens to Shohei Ohtani’s Record Contract if the Los Angeles Dodgers File for Bankruptcy (Again)?
The sports world is buzzing about Shohei Ohtani’s record-setting $700 million dollar contract with the Los Angeles Dodgers. As bankruptcy lawyers, we are abuzz thinking about the bankruptcy implications of…
Mile High Estate Planning
U.S. Courts Limiting the Use of Third-Party Releases
By Blake Harris
In bankruptcy, a “third-party release” is a legal provision that allows a court to release a non-debtor party from claims or liabilities related to the bankruptcy case. If you’re navigating…
Regulatory Oversight
Bankruptcy in the Cannabis Space
By Jean Smith-Gonnell, Gary Marsh, Michael Lafleur, Tori Lynn Remington
Though controversial, cannabis[1] has steadily grown into a booming industry. Despite this rapid growth and the legalization of cannabis in numerous states[2], cannabis is still classified as a Schedule I…
Restructuring Globalview
Cryptocurrency Brings Disruption to Bankruptcy Courts—What Parties Can Expect and the Open Issues Still To Be Resolved (Part Two)
By Mark Salzberg, Justin Cloyd
In this second part of our blog exploring the various issues courts need to address in applying the Bankruptcy Code to cryptocurrency, we expand upon our roadmap. In part one,…
Restructuring Globalview
Do I Really Have To Pay Default Rate Interest In Order to Reinstate My Loan? (US)
In a scholarly, comprehensive and lengthy opinion written by one of the Southern District of New York’s most recently appointed Bankruptcy Judges, the issue of whether the reinstatement of defaulted…
Restructuring Globalview
Bank Failures Breathe New Life into Old Issue
By Jeffrey N. Rothleder, Maura McIntyre
The first half of 2023 witnessed the failure of three financial institutions in quick succession—Silicon Valley Bank (March 10, 2023), Signature Bank (March 12, 2023), and First Republic Bank (May…
Consumer Financial Services Law Monitor
Supreme Court Holds Bankruptcy Code Abrogates Tribal Immunity
By Andrew Buxbaum, Jared Bissell, Deborah Kovsky-Apap, Christina Lesko
In January, the U.S. Supreme Court agreed to hear Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin after the First Circuit barred the Lac du Flambeau Band…
NextGen Financial Services Report
Supreme Court Ruling on Bankruptcy Code May Have Far-Reaching Implications for Tribal Business Arrangements
By Deborah D. Williamson, Lance Boldrey, Tim Trunzo, Dykema
On June 15, 2023, the Supreme Court held that the Bankruptcy Code unambiguously abrogates the sovereign immunity of federally recognized Indian tribes. Therefore, tribes may not raise sovereign immunity as…
Finance & Bankruptcy Law Blog
Supreme Court Finds Bankruptcy Code Abrogates Tribal Sovereign Immunity
The U.S. Supreme Court ruled on Thursday that because Indian tribes are indisputably governments, the Bankruptcy Code unmistakably abrogates their sovereign immunity to bankruptcy court proceedings. In an 8-1 decision,…
Credit Report
Are Subchapter V Corporate Debtors Subject to the §523(a) Exceptions to Discharge?
By Katharine Clark, Joseph Orbach, Aleksandra Abramova
BackgroundCongress passed The Small Business Reorganization Act of 2019 (the “SBRA”) for small businesses, currently defined as debtors with less than $7.5 million in debt. SBRA created a new Subchapter…