Much discussion has been had recently about the fact that cryptocurrencies (tokens and coins) do not fit neatly into a generally accepted financial asset classification. The value of most cryptocurrencies is not pegged to any tangible commodity or fiat currency.
In bankruptcy parlance, the lookback period does not look good for the crypto industry. In the last 90 days, the cryptocurrency markets have suffered huge losses, and in the last 14 days, two major players have sought bankruptcy protection. During the prior 365 days, nearly three trillion dollars of value has been stripped from the digital wallets of cryptocurrency investors, and the industry has been forced to eliminate thousands of jobs.
News outlets and industry publications have been publishing information about recent “crypto winter” bankruptcies. In order to understand the impact of these bankruptcies as well as how they may impact your investments, it is important to understand what is currently known about these recent filings.
Three Arrows Capital Liquidation and Bankruptcy
上一篇我们谈到诉讼主体的确定问题,本文将从担保的视角对债券持有人的权利救济予以分析。
保证人单方出具《保证函》的效力
任何在中国内地(“”)注册成立的企业,如不能清偿到期债务,并且资产不足以清偿全部债务或者明显缺乏清偿能力的,可由该企业或其债权人(“”)提交破产申请,继而根据《中华人民共和国企业破产法》(“《破产法》”)对该企业发起破产法律程序。但是,长期以来,备受业内人士诟病的是,中国法院迟迟未对破产申请实施立案登记制度。在此背景下,最高人民法院(“”)于2016年7月颁布指导通知[1](“《2016年最高院通知》”),旨在简化和规范登记破产案件的立案受理工作。
最高院通知:优化立案程序