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Fifth Circuit Ruling Alters Uptier Transaction Landscape

Overview: The Fifth Circuit’s highly anticipated decision on December 31, 2024, in the Serta Simmons case has significant implications for borrowers and lenders in financial distress situations. The issue on appeal concerned...more

Defense Strategies for Depositors in Crypto Ch. 11 Litigation

As multiple bankrupt cryptocurrency Chapter 11 cases begin to pick up steam, depositors of cryptocurrency on the bankrupt exchanges have many questions. Originally published in Law360 on August 22, 2022....more

Whose Crypto Is It Anyway? Bankruptcy and Crypto - The Crypto Exchange Podcast [Audio]

In this episode of The Crypto Exchange, Troutman Pepper Partner Keith Barnett welcomes his colleague Deborah Kovsky-Apap to discuss various bankruptcy issues facing crypto exchanges, including who exactly owns the digital...more

Chapter 11 Debtors Clash With the SBA Over PPP Eligibility

The SBA’s Rules Exclude Bankruptcy Debtors From Relief Under the Paycheck Protection Program - The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), which was signed into law on March 27, funnels aid to small...more

What Small Businesses Need To Know About Restructuring Under Subchapter V And The CARES Act

On February 19, the Small Business Restructuring Act (SBRA) — the most significant change to the Bankruptcy Code in 15 years — went into effect. The SBRA, also known as Subchapter V of Chapter 11, removed numerous barriers...more

Restructuring In The Time Of Coronavirus

An increasing number of businesses — even those that have traditionally been financially and operationally sound — are now experiencing unanticipated revenue losses as a result of the coronavirus pandemic. Companies may find...more

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