Congress rarely amends the Bankruptcy Code. Congress first adopted the Bankruptcy Code in 1978. After a series of amendments in the early 1980s to address initial concerns, Congress amended the Code only modestly until the...more
6/30/2025
/ Bankruptcy Code ,
Chapter 11 ,
Cryptocurrency ,
Digital Assets ,
Financial Services Industry ,
Insolvency ,
New Regulations ,
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Until recently, two of the most important cases interpreting the Bankruptcy Code’s “safe harbor” provisions appeared to be in potential tension. First, in the U.S. Supreme Court’s 2018 Merit Management decision, the Supreme...more
10/1/2024
/ Bankruptcy Code ,
Chapter 11 ,
Financial Institutions ,
Financial Services Industry ,
Financial Transactions ,
Liquidation ,
Parent Corporation ,
Recapitalization ,
Safe Harbors ,
Securities ,
Trustees
On August 11, 2020, the United States Court of Appeals for the Second Circuit affirmed lower court decisions rejecting Lehman Brothers Special Financing Inc.’s (“LBSF”) attempt to recover nearly $1 billion in payments to...more