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    The Express Grain Terminals Bankruptcy Case: A Reminder About the Need of Crop Production Lenders and Farmers to Monitor Grain Elevator Credit Risk
    2022-09-29

    The Express Grain Terminals, LLC (“Express Grain”) bankruptcy is a case study for grain farmers and their crop production lenders. Near the end of corn harvest and during the peak of soybean harvest, many grain farmers in the Mississippi Delta discovered that they faced potential financial ruin as a result of the bankruptcy filing by Express Grain1 on September 29, 2021 (the “Petition Date”).

    Filed under:
    USA, Banking, Insolvency & Restructuring, Hunton Andrews Kurth LLP, Due diligence, SIPP, Uniform Commercial Code (USA)
    Authors:
    Gregory G. Hesse
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP
    Cryptoassets & Insolvency: Legal, Regulatory and Practical Considerations- September 2022
    2022-09-29

    Part I: Introduction and Background Cryptoassets & Insolvency 2 Introduction Cryptoassets have emerged from relative obscurity to become an increasingly significant and mainstream presence: in just five years the global market cap for cryptocurrencies rose from around $15bn to over $3tn at its peak in November of last year.

    Filed under:
    United Kingdom, USA, Banking, Capital Markets, Insolvency & Restructuring, IT & Data Protection, Litigation, Tax, White Collar Crime, A&O Shearman, Cryptocurrency, Initial coin offering, Cybersecurity, Anti-money laundering, Non-fungible tokens, Internal Revenue Service (USA), US Securities and Exchange Commission, Financial Conduct Authority (UK), Consumer Financial Protection Bureau (USA), Financial Crimes Enforcement Network (USA), HM Treasury (UK), Bank of England, Financial Services and Markets Act 2000 (UK), Banking Act 2009 (UK)
    Location:
    United Kingdom, USA
    Firm:
    A&O Shearman
    Featherweight securities to mitigate administration risk
    2022-09-23

    When a borrowing company goes into administration, lenders will want to enforce their security immediately. However, administration risk delays lenders from enforcing their security during the moratorium period without leave from the court or consent from the administrator.

    This article provides an insight into administration risk, explains ways to mitigate administration risk and how featherweight securities can be effectively used.

    Filed under:
    Australia, Banking, Insolvency & Restructuring, Litigation, Piper Alderman, Insolvency, Corporations Act 2001 (Australia), Personal Property Securities Act 2009 (Australia)
    Authors:
    Angelina Kozary , Greg Conomos , Melinda Patroulias
    Location:
    Australia
    Firm:
    Piper Alderman
    Another Victim of the Crypto Winter
    2022-09-23

    On September 22, 2022, Compute North Holdings, Inc. and certain affiliates filed bankruptcy in the Southern District of Texas in Houston. The company describes itself as “a leader in data centers, focused on delivering sustainable, cost-effective infrastructure for customers in the blockchain, cryptocurrency mining and distributed computing space.” SeeDeclaration of Harold Coulby, Chief Financial Officerand Treasurer of the Debtors (Doc. 22).

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Crowell & Moring LLP, Blockchain, Bankruptcy, Bitcoin, Cryptocurrency, US District Court for Southern District of Texas
    Authors:
    Frederick (Rick) Hyman
    Location:
    USA
    Firm:
    Crowell & Moring LLP
    End of Court Year Case Digest: Irish Insolvency & Restructuring Judgments
    2022-09-21

    As another Irish Court year will soon commence, now is an opportune time to look back at some of the more interesting insolvency and restructuring judgments to have been delivered in the Superior Courts during the last 12 months.

    The judgments explored below will prove of relevance and importance to practitioners and clients navigating distressed corporates and assets over the coming weeks and years. Please do get in touch with your Walkers Ireland Insolvency and Dispute Resolution contact or any of the contacts listed below with any comments or queries.

    Filed under:
    Ireland, Banking, Insolvency & Restructuring, Litigation, Walkers, Bankruptcy, Coronavirus
    Authors:
    William Greensmyth , Keith Hyland , David Braithwaite
    Location:
    Ireland
    Firm:
    Walkers
    Recent Second Circuit decision holds that conducting a foreclosure sale upon a property after a tenant files for Bankruptcy violated the automatic stay
    2022-09-21

    In New York, it is a standard practice to name all tenants residing in a building when foreclosing upon the property.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Morrison & Foerster LLP
    Authors:
    Mark S. Edelstein , Theresa A. Foudy
    Location:
    USA
    Firm:
    Morrison & Foerster LLP
    Becoming Eligible For Subchapter V By A Retroactive Change In the New Law (In re Phenomenon)
    2022-09-22

    On June 21, 2022, Congress and the President (i) extend the $7.5 million debt limit for Subchapter V eligibility, and (ii) adjust other Subchapter V rules.[Fn. 1]

    One of the adjustments is this:

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Koley Jessen PC, US Congress
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    Client Alert 2022年9月号(Vol.105)
    2022-09-15

    平素は格別のご高配を賜り、厚く御礼申し上げます。 このたび、森・濱田松本法律事務所では、各分野の近時のリーガルニュースを集めて、 Client Alert 2022 年 9 月号(Vol.105)を作成いたしました。実務における一助となれば 幸いに存じます。

    Filed under:
    Japan, Banking, Corporate Finance/M&A, Energy & Natural Resources, Insolvency & Restructuring, IT & Data Protection, Mori Hamada & Matsumoto
    Location:
    Japan
    Firm:
    Mori Hamada & Matsumoto
    Citibank Gets Its Money Back
    2022-09-15

    A February 16, 2021 decision of the United States District Court for the Southern District of New York held, in In re Citibank August 11, 2020 Wire Transfers, 520 F. Supp. 3d 390, that lenders who received almost $900 million mistakenly wired to them by Citibank (the administrative agent for a $1.8-billion syndicated seven-year term loan to Revlon [2016 Loan]) were entitled to keep the money.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Davies Ward Phillips & Vineberg LLP, Clawback/avoidance/preferences/fraudulent transfers, Avoidance/clawback, Citibank, U.S. Court of Appeals
    Authors:
    Michael Disney , Marc A. Berger , John McCamus
    Location:
    USA
    Firm:
    Davies Ward Phillips & Vineberg LLP
    Crypto Considerations in Bankruptcy Plans of Reorganization
    2022-09-07

    Lowenstein Sandler’s previous article on crypto bankruptcies discussed some bankruptcy basics and the role of a creditors’ committee in protecting the rights of customers. This article will delve deeper into the administration of a crypto bankruptcy case by discussing the negotiation of a crypto bankruptcy plan of reorganization.

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Lowenstein Sandler LLP, Bankruptcy
    Authors:
    Jeffrey Cohen , Andrew David Behlmann , Phillip Khezri
    Location:
    USA
    Firm:
    Lowenstein Sandler LLP

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