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    Cryptocurrencies: practical considerations in insolvencies
    2019-07-25

    In a recent report by INSOL International, only 5% of insolvency practitioners (“IPs”) said that they had a “comprehensive or practical/working or understanding” of crypto-currency.

    So with over 4,000 types of cryptocurrency now available and as payment technology continues to develop, we look at some issues facing IPs, including

      • How to identify cryptocurrency
      • How to categorise it
      • How to take control of it and sell it; and
      • What value does it have

    What are cryptocurrencies?

    Filed under:
    United Kingdom, USA, Banking, Insolvency & Restructuring, Internet & Social Media, IT & Data Protection, Squire Patton Boggs, Blockchain, Bitcoin, Cryptocurrency, NASDAQ, MiFID
    Authors:
    Charles Draper
    Location:
    United Kingdom, USA
    Firm:
    Squire Patton Boggs
    Keeping Your Bankruptcy Practice in the Twenty-First Century: The Expanding Issue of Cryptocurrency
    2020-02-11

    Introduction

    As society’s technology continues to grow more and more complex, bankruptcy attorneys find themselves on the front lines of an ever-evolving legal practice. One such emerging technology, cryptocurrency, has only just begun to become a new thorn in the sides of bankruptcy attorneys and requires their increased attention.

    What is Cryptocurrency?

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Fredrikson & Byron PA, Blockchain, Bitcoin, Cryptocurrency
    Authors:
    Samuel M. Andre
    Location:
    USA
    Firm:
    Fredrikson & Byron PA
    Bitcoin: A New, Volatile Asset in Bankruptcy
    2018-03-13

    Law360

    Even if you haven’t purchased any bitcoin, you have likely heard about the cryptocurrency that was approaching $20,000 per coin late last year. The record high was quickly followed by a dramatic fall in value over 16 days in early 2018 — crashing to below $7,000. Since that time, bitcoin has been staging its recovery, and as of this writing, sits at slightly over $9,000 per coin. Not a bad place to be, considering bitcoin’s humble valuation of $.08 per coin back in 2010. It seems that despite its roller coaster persona, bitcoin is here to stay.

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Bradley Arant Boult Cummings LLP, Bankruptcy, Bitcoin, Cryptocurrency
    Authors:
    Erin Jane Illman
    Location:
    USA
    Firm:
    Bradley Arant Boult Cummings LLP
    When Blockchain Meets Article 9 and Bankruptcy
    2018-02-09

    Cryptocurrencies like bitcoin have been touted as everything from a tool that will revolutionize commerce to “the very worst of speculative capitalism.”[1] Less attention has been given to their practical application vis-à-vis commercial and insolvency law.

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Jenner & Block LLP, Blockchain, Bankruptcy, Bitcoin, Cryptocurrency
    Authors:
    Carl N. Wedoff
    Location:
    USA
    Firm:
    Jenner & Block LLP
    Bitcoin and Bankruptcy: What You Need to Know about the Value of Bitcoin and Other Cryptocurrencies in Bankruptcy
    2017-10-02

    It is hard to peruse the internet or even mainstream media outlets without hearing about bitcoin. What is this ubiquitous bitcoin? It depends on whom you ask.

    A CNN Money articled defined bitcoin as “a new currency that was created in 2009 by an unknown person using the alias Satoshi Nakamoto.” The IRS has recently defined bitcoin as an “intangible asset” for investors, making it subject to capital gains and loss treatment using the realization method.

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Bradley Arant Boult Cummings LLP, Bitcoin, Cryptocurrency
    Authors:
    Erin Jane Illman
    Location:
    USA
    Firm:
    Bradley Arant Boult Cummings LLP
    Could a Bitcoin exchange be a commodity broker?
    2015-02-02

    This is the fourth post in our Bitcoin Bankruptcy series on the Weil Bankruptcy Blog.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Internet & Social Media, Weil Gotshal & Manges LLP, Bankruptcy, Bitcoin, Commodity broker
    Authors:
    Scott Bowling
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Could a Bitcoin exchange constitute a “stockbroker”?
    2014-07-14

    This is the third post in our Bitcoin Bankruptcy series on the Weil Bankruptcy Blog.  In the spring of this year, the shutdown of Japanese bitcoin exchange Mt. Gox made us think about what might have happened if Mt.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Internet & Social Media, Weil Gotshal & Manges LLP, Bitcoin, Certificate of deposit
    Authors:
    Scott Bowling
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Secured lender protection limited when Bitcoin is collateral
    2014-06-19

    On June 17, 2014, the U.S. Bankruptcy Court in Dallas granted recognition under chapter 15 of the Bankruptcy Code of the bankruptcy proceeding in Japan of failed bitcoin exchange, Mt Gox. Mt. Gox shut down after claiming to lose over $500 million (at current values) of customers’ bitcoins, some of which were later located. Mt Gox sought chapter 15 protection in the United States to prevent U.S.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Internet & Social Media, Litigation, Bilzin Sumberg, Collateral (finance), Class action, Bitcoin
    Authors:
    Jeffrey I. Snyder
    Location:
    USA
    Firm:
    Bilzin Sumberg
    Deal carefully with bitcoins until legislation catches up
    2014-04-22

    Interest in cryptocurrencies is growing, even after Mt. Gox, formerly the largest international bitcoin exchange, filed for bankruptcy in Japan following $473 million in losses.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Internet & Social Media, Carlton Fields, Bankruptcy, Bitcoin, Cryptocurrency, Consumer Financial Protection Bureau (USA), Commodity Futures Trading Commission (USA), Federal Deposit Insurance Corporation (USA), Bank Secrecy Act 1970 (USA)
    Authors:
    Alexandra D. Blye , Robert N. Gilbert
    Location:
    USA
    Firm:
    Carlton Fields
    Judge orders Bitcoin Mt. Gox CEO in Japan to come to Texas
    2014-04-03

    After filing for US bankruptcy protection in Texas based on aJapanese bankruptcy, the Judge ordered that Mt.

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Foley & Lardner LLP, Bankruptcy, Bitcoin
    Authors:
    Peter S. Vogel
    Location:
    USA
    Firm:
    Foley & Lardner LLP

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