By: Laura Day DelCotto The year end news is full of the repercussions of the interest rate increases for everyone, including issuers of municipal bonds. Municipal debt is never immune from the private sector market forces. I am sometimes frustrated by the general...
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Chapter 9 Filings: Are We About to See an Uptick?
By: Laura Day DelCotto The Philadelphia Inquirer recently reported that the Pennsylvania city of Chester, PA is considering filing bankruptcy “as a way to steer the city toward solid financial footing” in light of an almost $50 million deficit anticipated for 2023....
Risks of Practicing in Bankruptcy Court
By: Dean A. Langdon You may have seen publicity about bankruptcy cases where legal fees run into the millions of dollars (or more). But bankruptcy courts have a unique process for paying attorneys that represent debtors, trustee or creditor committees. The attorneys...
Crypto Bankruptcies Part 2: Cred Inc. Case Goes Mostly Unnoticed
By: Laura Day DelCotto We previously wrote about the important uncertainties facing the first couple of crypto bankruptcy filings. Primarily the issues involve whether the “customers” of a crypto platform are asset owners (as they believe and are sold on) or whether...
Crypto Uncertainties Mount: What Happens in a Bankruptcy?
By: Laura Day DelCotto Now that the lights are coming on in financial markets, there is more chatter and mostly speculation about what would happen in a cryptocurrency corporate bankruptcy. Recent reports on the Coinbase SEC 10-Q filed in May, 2022 have been in the...
Issues for Healthcare Entities in Chapter 11 Bankruptcy
As the Covid-19 pandemic had significant impact on hospitals and other health care institutions that led to equipment and staffing shortages and declining revenues, we are likely to see a rise in chapter 11 bankruptcies for health care businesses. There are several...
Buyer Beware: Bankruptcy Sale Needs Notice – Due Process 101
By: Laura Day DelCotto So, we know from our long experience here that bankruptcy sales can get very messy. The Seventh Circuit’s recent 5 page opinion makes it clear that the one who needs to care the most is often the buyer. Notice of Sale is a Basic Right In...
Embezzlement and Larceny: Recent Reminders About Earning Your Discharge Under 11 USC Section (a)(4)
By: Laura Day DelCotto The primary goal of filing bankruptcy is commonly understood to be the receipt of a discharge of debt, and having a “fresh start” in life. There are probably thousands of cases that state this legal proposition, including Supreme Court cases...
Debt Limits Increase for Chapter 12 and 13 Bankruptcy on April 1, 2022
Per Bankruptcy Code section 104, the dollar amounts in the Bankruptcy Code are adjusted every three years to account for inflation. The next increase will take effect April 1, 2022 and include increases for the debt limits to chapter 12 and chapter 13 bankruptcy...
DelCotto Law Group PLLC Leads Firms in 2021 Chapter 11 Filings in Eastern District of Kentucky
In 2021, DelCotto Law Group PLLC filed more chapter 11 bankruptcy cases in the Eastern District of Kentucky than any other firm. [1] Chapter 11 bankruptcy provides an opportunity for corporations to restructure their organizations through implementation of a repayment...