JOSEPH CIOFFI AND MASSIMO GIUGLIANO

Gimme Back My Crypto: Clawbacks are Imminent in Crypto Bankruptcies

July 5, 2024 and July 13, 2024 will mark the two-year anniversary of Voyager’s and Celsius’s bankruptcy filings, respectively. Under the Bankruptcy Code, actions to clawback pre-bankruptcy transfers, such as 90-day preferential transfers, must be commenced within two years after bankruptcy is filed. Given the impending deadline in both cases, we can expect a wave of clawback actions to be filed...

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Evolution or Regression: The Choice for Marketplace Lenders

Act more like a traditional bank, and less like a tech start-up. That’s what some marketplace lenders are trying to do to appease some critical investors. Acting like a traditional bank, however, could be a slippery slope. Operational changes may be enticing to some investors, but they threaten the very foundation of marketplace lending, potentially shutting out the segment of the population...

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Law360.com, “Madden Creates More Uncertainty for Marketplace Lenders”

In "Madden Creates More Uncertainty for Marketplace Lenders,"" a Law360 article, Joseph Cioffi and Massimo Giugliano discuss the ongoing case of Madden v. Midland Funding and its impact on the marketplace lending. The authors explain the significance of the initial decision by the Second Circuit in 2015, which created substantial risk for marketplace lenders that rely on a partner bank...

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