On September 25, 2025, the U.S. District Court for the Southern District of Texas overturned the Bankruptcy Court's confirmation of ConvergeOne's chapter 11 plan for violating the Bankruptcy Code’s “equal-treatment” rule. ...more
On September 25, 2025, the U.S. District Court for the Southern District of Texas overturned the Bankruptcy Court's confirmation of ConvergeOne's chapter 11 plan for violating the Bankruptcy Code’s “equal-treatment” rule. ...more
Tricolor Situation Overview -
Tricolor Auto Acceptance, LLC (“Tricolor”), founded in 2007, is a “buy here-pay here” (“BHPH”) subprime auto finance company. This means that it is both an auto dealer and an auto finance...more
9/24/2025
/ Asset-Backed Securities ,
Automotive Loans ,
Bankruptcy Code ,
Chapter 7 ,
Collateral ,
Commercial Bankruptcy ,
Contract Terms ,
Due Diligence ,
Fraud ,
Representations and Warranties ,
Risk Management ,
Securitization ,
Structured Finance ,
Third-Party Risk ,
Uniform Commercial Code (UCC)
Introduction The Guiding and Establishing National Innovation for U.S. Stablecoins Act of 2025 (the “GENIUS Act” or the “Act”) establishes a legal framework for defining, issuing, custodying and managing a specific kind of...more
Congress rarely amends the Bankruptcy Code. Congress first adopted the Bankruptcy Code in 1978. After a series of amendments in the early 1980s to address initial concerns, Congress amended the Code only modestly until the...more
6/30/2025
/ Bankruptcy Code ,
Chapter 11 ,
Cryptocurrency ,
Digital Assets ,
Financial Services Industry ,
Insolvency ,
New Regulations ,
Popular ,
Proposed Legislation ,
Regulatory Reform ,
Stablecoins
The Guiding and Establishing National Innovation for U.S. Stablecoins Act of 2025 (the “GENIUS Act” and the “Act”) establishes a regulatory infrastructure for defining, managing, custodying and issuing a specific kind of...more
6/24/2025
/ Cryptocurrency ,
Digital Assets ,
Digital Currency ,
FDIC ,
Financial Regulatory Reform ,
Financial Services Industry ,
FinCEN ,
Investment ,
OCC ,
Payment Systems ,
Popular ,
Regulatory Agenda ,
Regulatory Requirements ,
Service Professionals ,
Stablecoins ,
U.S. Treasury
Introduction -
On March 31, 2025, Judge Christopher Lopez of the U.S. Bankruptcy Court for the Southern District of Texas denied confirmation of the prepackaged Chapter 11 plan of Johnson & Johnson (“J&J”) affiliate Red...more
On March 26, 2025, the Supreme Court held in an 8‑to‑1 decision authored by Justice Ketanji Brown Jackson that Section 106(a) of the Bankruptcy Code waives the federal government’s sovereign immunity with respect to...more
On March 18, 2025, the United States Court of Appeals for the Fifth Circuit held in In re Highland Capital Mgmt., L.P., that a plan’s gatekeeping and injunction provisions could not extend to claims against most non-debtors...more
3/31/2025
/ Appeals ,
Bankruptcy Code ,
Bankruptcy Court ,
Bankruptcy Plans ,
Chapter 11 ,
Debt Restructuring ,
Debtors ,
Harrington v Purdue Pharma L P ,
Injunctions ,
Liability ,
Non-Debtors ,
Third-Party Release Agrements