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The End of LIBOR: Hotel California Edition (Part I)

Although July 3 was the first business day on which no USD LIBOR was published, many financial instruments will not reset until the next reset date, based upon the tenor of each instruments’ underlying benchmark, which could...more

A Long Hot Summer: Effective Variable Rates Subject to Increase (Irrespective of General Market Conditions)

There are major issues arising from the phaseout of the US Dollar London InterBank Offered Rate (LIBOR), which will soon become apparent in connection with LIBOR’s fast-approaching end date. This will dramatically impact many...more

10 Legal Challenges for the Cannabis Industry in 2023

1. Cannabis Entering the Metaverse - As we discuss in greater detail here, the Metaverse provides expansive marketing and sales opportunities for cannabis companies due to its decentralized nature and the varied regulatory...more

Subchapter V Bankruptcy Rules Permanently Amended

On December 1, 2022, several important amendments to the Federal Rules of Bankruptcy Procedure (Rules) became permanent and will govern the procedures employed in cases filed under Subchapter V of Title 11 of the US Code...more

It's Ultra-Complicated: Fifth Circuit and Delaware Bankruptcy Court Decisions Widen Rifts on Make-Whole Premiums and Postpetition...

Recent decisions by the Fifth Circuit Court of Appeals and the Bankruptcy Court for the District of Delaware signal further disagreement over the treatment of “make-whole” premium payments under the Bankruptcy Code. In...more

Illinois Bankruptcy Court: Preliminary Distributions Lock Subchapter V Plan 

In an issue of first impression for the jurisdiction, the Bankruptcy Court for the Northern District of Illinois has ruled that a subchapter V debtor “substantially consummated” its plan by paying less than $1,500 in...more

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