Mintz - Bankruptcy & Restructuring Viewpoints
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One Financial Center
Boston, MA 02111, United States
Phone: 617.542.6000
Fax: 617.542.2241
Areas Of Practice
- Bankruptcy
- Commercial Law & Contracts
- Debtor/Creditor
- Finance & Banking
- Securities Law
Locations
Other U.S. Locations- California
- D.C.
- Massachusetts
- New York
Other Countries
Number of Attorneys
400+ Attorneys
A main goal in bankruptcy is to get in and out as quickly as possible to minimize costs. It is often the case that even though a substantial portion of a debtor’s assets have been liquidated in bankruptcy, some valuable assets…
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/ Bankruptcy, Business Organizations, Real Estate - Commercial
Deal structure matters, particularly in bankruptcy. The Third Circuit recently ruled that a creditor’s right to future royalty payments in a non-executory contract could be discharged in the counterparty-debtor’s bankruptcy. The…
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/ Bankruptcy, Commercial Law & Contracts, Mergers & Acquisitions
In early February, a Delaware bankruptcy judge set new precedent by granting a creditors’ committee derivative standing to pursue breach of fiduciary duty claims against a Delaware LLC’s members and officers. At least three…
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/ Bankruptcy, Business Organizations
It is a rare occasion that one can be assured with certainty that, if they file a motion with a bankruptcy court, it will be granted. But, in the Third Circuit, that is exactly what will happen if a creditor or other party in…
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/ Bankruptcy, Business Organizations
On average, the Supreme Court hears a single bankruptcy case each term. But during the October 2022 term, the Supreme Court issued a remarkable four decisions in bankruptcy cases. These decisions, which are summarized below,…
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/ Bankruptcy, Civil Procedure
Notwithstanding recent turbulence in the cryptocurrency markets, digital assets of all types are seemingly here to stay. Bitcoin, stablecoins, non-fungible tokens a/k/a NFTs, and even digital currency exchanged in the…
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/ Finance & Banking, Securities Law
In a press release published on Friday, March 10, 2023, the Federal Deposit Insurance Corporation (FDIC) announced that the California Department of Financial Protection and Innovation had, as of the same date, closed Silicon…
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/ Finance & Banking
Following the Mintz alert concerning the failure and receivership of Silicon Valley Bank (SVB) published earlier in the day on March 12, 2023, the FDIC, together with the Federal Reserve and the Department of the Treasury,…
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/ Finance & Banking
The latest amendments to the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”) took effect on December 1, 2022. This collection of modifications may be broadly divided into two categories: (i) amendments and a new…
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/ Bankruptcy
Could bankruptcy protection be on the horizon for individuals and companies actively involved in the cannabis industry? Potentially yes, following President Biden’s October 6, 2022 request for the Secretary of Health and Human…
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/ Bankruptcy
Voyager Digital Assets Inc., along with two of its affiliates, filed bankruptcy petitions in the Southern District of New York on July 5, 2022. The filing is significant—it followed months of an extreme downturn in the…
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/ Bankruptcy
Over the past year, the Covid-19 pandemic upended many industries. While the construction industry has largely been able to operate throughout the pandemic, albeit with increased and ever-changing restrictions on jobsites, one…
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/ Bankruptcy, Construction Law, Finance & Banking, Real Estate - Residential
A recent decision by the United States District Court for the Southern District of New York highlights directors’ fiduciary duty to evaluate all aspects of multi-stage transactions, including those portions to be effectuated…
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/ Bankruptcy, Business Torts, Commercial Law & Contracts, Finance & Banking
Until recently, courts in the Ninth Circuit have generally followed the minority view that non-debtor releases in a bankruptcy plan are prohibited by Bankruptcy Code Section 524(e), which provides that the “discharge of a debt…
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/ Bankruptcy, Finance & Banking
As discussed in previous posts, the Consolidated Appropriations Act of 2021 (the “Act”) was signed into law on December 27, 2020, largely to address the harsh economic impact of the COVID-19 pandemic. For bankruptcy litigators…
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/ Bankruptcy, Finance & Banking, Real Estate - Commercial
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