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    Silver Linings Playbook: Celsius Bankruptcy Ruling Provides Cryptocurrency Tax Planning Opportunities
    2023-04-12

    Although it’s inaccurate to say that the Chinese character for “crisis” combines the characters for danger and opportunity, the thought has resonated since President Kennedy repeatedly used this trope in his presidential campaign speeches.

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Tax, Mayer Brown, Cryptocurrency, Internal Revenue Service (USA), US Department of the Treasury
    Authors:
    Mark H. Leeds , Kyoolee C. Park
    Location:
    USA
    Firm:
    Mayer Brown
    Bankruptcies Will Continue to Pile Up No Matter Where Fed Policy Goes from Here
    2023-03-28

    The sudden and spectacular failure of three regional banks within a week has pushed all other business stories off the front pages and has financial markets anxiously asking where the fallout stops. As unique as the underlying causes of each failure were, at their core these were all good old-fashioned bank runs triggered by liquidity issues.

    Filed under:
    USA, Banking, Insolvency & Restructuring, FTI Consulting Inc, Bankruptcy, Libor, Supply chain, Federal Deposit Insurance Corporation (USA), US Department of the Treasury, Silicon Valley Bank
    Authors:
    Michael C. Eisenband
    Location:
    USA
    Firm:
    FTI Consulting Inc
    Silicon Valley Bank and Signature Bank
    2023-03-16

    The FDIC has statutory obligations to maximize the net present value return from the sale or disposition of the assets entrusted to it as receiver, and to minimize the amount of any loss realized.[1] Today we examine the FDIC’s efforts to fulfill its mandate through the transfer of assets to bridge-banks, Silicon Valley Bank, N.A. (“SVB”) and Signature Bank, N.A. (“SB”).

    Filed under:
    USA, Banking, Insolvency & Restructuring, Seyfarth Shaw LLP, Private equity, Federal Deposit Insurance Corporation (USA), US Department of the Treasury, Silicon Valley Bank
    Authors:
    William J. Hanlon , David M. Bizar
    Location:
    USA
    Firm:
    Seyfarth Shaw LLP
    Silicon Valley Bank: What the 2nd Largest US Bank Failure Means for Policyholders
    2023-03-16

    In the second largest US bank failure since the 2008 global financial crisis, the California Department of Financial Protection and Innovation took over Silicon Valley Bank (“SVB”) on March 10 and appointed the Federal Deposit Insurance Corporation (“FDIC”) as SVB’s receiver. Just two days later, the New York State Department of Financial Services took over another bank, Signature Bank, and appointed the FDIC as receiver. And, yesterday, the share price of various European banks plunged following record one-day selloffs.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Hunton Andrews Kurth LLP, Venture capital, Due diligence, Insolvency, Federal Deposit Insurance Corporation (USA), US Department of the Treasury, HSBC, Silicon Valley Bank
    Authors:
    Syed S. Ahmad , Andrea DeField , Geoffrey B. Fehling , Michael S. Levine , Jorge R. Aviles
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP
    SVB and Distressed Banks: Lessons Learned from a Wild Weekend
    2023-03-14

    US governmental authorities, including the US Department of the Treasury, the Board of Governors of the Federal Reserve System, and the Federal Deposit Insurance Corporation, took actions to provide both insured and uninsured depositors of Silicon Valley Bank (SVB) (as well as Signature Bank) access to their deposits beginning Monday, March 13. However, despite these actions, many customers are still dealing with the aftermath of an uncertain weekend, and practical questions remain to be answered.

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Morgan, Lewis & Bockius LLP, Private equity, Federal Deposit Insurance Corporation (USA), US Department of the Treasury, HSBC, Bank of England, Silicon Valley Bank
    Authors:
    Edwin E. Smith , Christopher M. Paridon , Erin E. Martin , Richard Hanson , Ian A. Wright
    Location:
    USA
    Firm:
    Morgan, Lewis & Bockius LLP
    What Do Businesses Need to Know About Recent Bank Failures?
    2023-03-14

    The recent failures of Silicon Valley Bank (“SVB”) and Signature Bank have dominated news headlines for the last several days. The seemingly abrupt failure of two large financial institutions and the subsequent revelations that some businesses could lose a substantial amount of deposits have a lot of business owners concerned about the security of their funds. However, recent actions by the Federal Reserve Board (“FRB”) and United States Treasury Department have substantially reduced the risk that depositors will lose deposits.

    Filed under:
    USA, Banking, Construction, Insolvency & Restructuring, Dickinson Bradshaw Fowler & Hagen P.C., Federal Deposit Insurance Corporation (USA), US Department of the Treasury
    Authors:
    John E. Lande
    Location:
    USA
    Firm:
    Dickinson Bradshaw Fowler & Hagen P.C.
    Some Good News for Depositors of Silicon Valley Bank and Signature Bank
    2023-03-12

    Here is the latest regarding Silicon Valley Bank (“SVB”) and Signature Bank as of Sunday, March 12th according to the FDIC. We expect to learn more by COB Monday, March 13th:

    Depositors will have access to all of their money starting Monday, March 13.

    Filed under:
    USA, Banking, Insolvency & Restructuring, BCLP, Insolvency, Federal Deposit Insurance Corporation (USA), US Department of the Treasury, Bank of England, Silicon Valley Bank
    Authors:
    Sharon Z. Weiss , Kenneth M. Achenbach
    Location:
    USA
    Firm:
    BCLP
    Recent Bank Failures: Practical Considerations and Bank Resolution Procedures
    2023-03-12

    On Sunday evening, March 12, 2023, the US Department of the Treasury, Board of Governors of the Federal Reserve Board (Federal Reserve) and Federal Deposit Insurance Corporation (FDIC) released a joint statement announcing various actions to stabilize the US banking system, in light of the widely publicized failures of Silicon Valley Bank (SVB) and Signature Bank (Signature Bank), each of which was closed by their respective state chartering authorities, with the FDIC appointed as receiver.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Squire Patton Boggs, Federal Deposit Insurance Corporation (USA), US Department of the Treasury
    Authors:
    James C. Sivon , Alison LaBruyere , Aaron A. Seamon , James J. Barresi
    Location:
    USA
    Firm:
    Squire Patton Boggs
    FAQs Regarding the Failures of Silicon Valley Bank and Signature Bank
    2023-03-12

    On Sunday, March 12th, the Treasury Department, the FDIC, and the Board of Governors of the Federal Reserve System (Fed) (the Agencies) announced that the New York Department of Financial Services had appointed the FDIC as receiver for Signature Bank, which was closed on March 11th.  Subsequently, the FDIC announced that it had transferred substantially all of the assets and all of the deposits of Signature Bank to the newly created Signature Bridge Bank, N.A.  Early on March 13th, the FDIC announced a similar transfer of assets and deposits to Silicon Valley Bank, N.A., another n

    Filed under:
    USA, Banking, Insolvency & Restructuring, Dechert LLP, Insolvency, Federal Deposit Insurance Corporation (USA), US Department of the Treasury, HSBC, Silicon Valley Bank
    Authors:
    Corey F. Rose , Robert J. Rhatigan , Shmuel Vasser , En-Min Chua , Nicolle L. Jacoby , Brenda R. Sharton
    Location:
    USA
    Firm:
    Dechert LLP
    FTX Bankruptcy: Tax Implications of Vanishing Customer Deposits
    2022-12-09

    The massive FTX bankruptcy has rattled the crypto industry. While it may take some time for investors, investigators, and customers to learn what happened in the lead up to FTX’s demise, it seems already clear that many FTX customers will lose cryptocurrency and other digital assets (“Tokens”) they had deposited in FTX trading accounts. News reports suggest that those losses are the result of FTX’s related trading arm, Alameda Research, having borrowed FTX customer deposits using FTX’s proprietary token as collateral at an inflated valuation.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Tax, O'Melveny & Myers LLP, Cryptocurrency, Internal Revenue Service (USA), US Congress, US Department of the Treasury
    Authors:
    Luc Moritz , Billy Abbott , William K. Pao , Scott Sugino
    Location:
    USA
    Firm:
    O'Melveny & Myers LLP

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