Bilzin Sumberg - Finance & Restructuring

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Miami, FL 33131-3456, United States

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Another Bankruptcy Proofing Strategy Bites the Dust, or Does It?

In an effort to minimize the risk of loss in connection with a loan default, lenders often employ creative means to make it difficult, if not impossible, for a borrower to file bankruptcy…more
| Bankruptcy, Business Organizations, Civil Procedure, Commercial Law & Contracts, Finance & Banking

Bitcoin: Currency, Commodity or None of the Above?

In my recent post, I discussed the shortcomings of Article 9 of the Uniform Commercial Code as applied to Bitcoin. Bitcoin does not fall within the definition of “money” under UCC § 1-201, nor do Bitcoin wallets come within the…more
| Finance & Banking, Science, Computers, & Technology, Securities Law

Quantitative Easing: Who is the Fed Appeasing?

After meeting behind closed doors a few weeks ago, the Federal Reserve announced its latest monetary policy. Not surprisingly, Fed Chair Janet Yellen’s remarks included a statement on the future (or lack thereof) of the central…more
| Finance & Banking, Securities Law

High Yield Debt

It is no surprise to anyone involved in the restructuring community that bankruptcy filings continue to decline. As reported by the American Bankruptcy Institute, corporate chapter 11 filings have decreased 34 percent since…more
| Bankruptcy, Finance & Banking

Business Finance & Restructuring Q&A Series

The following discussion examines a number of factors that have complicated the bankruptcy process. It also offers a look at how out-of-court restructurings might be a more viable course for distressed business owners to…more
| Bankruptcy, Commercial Law & Contracts, Finance & Banking, Real Estate - Commercial

Bankruptcy Auctions 101

A recent bankruptcy auction of a Texas power plant by Optim Energy LLC provided an important lesson for potential bidders at bankruptcy auctions and their representatives on the importance of developing a clear bidding strategy…more
| Bankruptcy, Commercial Law & Contracts, Energy & Utilities, Finance & Banking

Valuing a Secured Creditors Collateral: A Time Frame

Section 506(a)(1) of the Bankruptcy Code provides common-sense instruction that the allowed amount of a secured claim is equal to the value of the collateral securing the claim and that a claim is unsecured to the extent the…more
| Bankruptcy, Finance & Banking

Lender Beware: Ensure Plan Releases are Limited to Debtor’s Obligations

A creditor who settles with a debtor during a bankruptcy case must be sure to continue following the case during the plan stage, or risk the plan affecting the creditor’s rights against third parties. Iberiabank learned that…more
| Bankruptcy, Civil Procedure, Commercial Law & Contracts, Finance & Banking

The Meridian Sunrise Village Opinion Redux

In my last post I discussed the Meridian Sunrise Village v. NB Distressed Debt Investment Fund Ltd. opinion handed down by the United States District Court for the Western District of Washington in March of this year. The prior…more
| Bankruptcy, Civil Procedure, Commercial Law & Contracts, Finance & Banking, Real Estate - Commercial

Secured Lender Protection Limited When Bitcoin is Collateral

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…more
| Bankruptcy, Commercial Law & Contracts, Finance & Banking, International Law & Trade, Science, Computers, & Technology

Delaware District Court Affirms Order Approving Gifting In Chapter 11 Case

The U.S. District Court for the District of Delaware has affirmed a bankruptcy court order which approved both a sale of the debtors’ assets and the establishment of an escrow account, which essentially provides a “gift” to fund…more
| Bankruptcy, Civil Procedure, Finance & Banking, Taxation, Wills, Trusts, & Estate Planning

Are Distressed Loan Fund Investors “Financial Institutions” And Why Does It Matter?

Once again, those of us in the commercial finance world are reminded of the age-old adage caveat emptor. This time the warning is directed at hedge funds and other investors with a penchant for purchasing distressed debt from…more
| Bankruptcy, Civil Procedure, Commercial Law & Contracts, Finance & Banking
Areas of Practice
  • Bankruptcy
  • Debtor/Creditor
  • Finance & Banking
Locations
Other U.S. Locations
  • Florida
Number of Attorneys

100+ Attorneys

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