Cannabis-adjacent Bankruptcy Eligibility Update: Significant New Decision

Around the time Reuters published our article regarding bankruptcy eligibility, the U.S. Bankruptcy Court for the Central District of California (LA Division) issued a decision in In re The Hacienda Company, LLC, that thoughtfully articulates the balancing of governmental policies, bankruptcy purposes and creditors’ rights a bankruptcy court should engage in when dealing with cannabis and...

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Lightning Rod? Dealer Incentives Eyed in CAC Complaint

Joseph Cioffi was quoted in an SCI article, "Lightning Rod?," regarding the CFPB's suit against subprime auto lender, Credit Acceptance Corporation.

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New York Gets Tough on Virtual Currency

Going forward, it looks like crypto companies that make it in New York will be able to make it anywhere. All over, at the state and federal level and internationally, turmoil in the crypto industry is leading to increased scrutiny. In New York, home of the comprehensive (some would say onerous) BitLicense, cryptocurrency mining has been partially banned and the New York State Department of...

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Subprime Auto: Is the Tank Half Empty?

For the past two years, the subprime auto market has defied expectations, but 2023 is off to a cold start. Normalization is on the horizon, but when we will get there and what it will look like when we do, remains unclear. What is normal in this moment is to ask whether the performance data is a sign of deeper trouble. And if so, will the structural protections in auto ABS continue to protect...

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CFPB Lawsuit Seen as Warning Shot to Subprime Auto Lenders

Joseph Cioffi was quoted in an American Banker article "CFPB Lawsuit Seen as Warning Shot to Subprime Auto Lenders."

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Bankruptcy Relief for Cannabis-adjacent Debtors? It Gets Hazy

You may have heard this before: As cannabis remains a Schedule I drug under the federal Controlled Substances Act ("CSA"), cannabis companies cannot seek bankruptcy relief under federal law. Not so fast. Access to bankruptcy can be highly fact-dependent.

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Clawback to the Future: Avoidance Actions in Crypto Bankruptcies

When the history books are written, it may be said that the biggest event to shake the crypto world was not the crypto bankruptcies of 2022, but rather, the clawback of billions of dollars in crypto value in those bankruptcies. Since summer 2022, five major crypto companies have filed bankruptcy: a hedge fund (Three Arrows Capital), two lenders (Celsius and BlockFi), a broker (Voyager), and an...

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