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.
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...
In a recent Reuters Legal News article, Joseph Cioffi and Nicole Serratore discuss the Eleventh Circuit Hunstein case and the series of appeals which call into question debt collectors' routine practice of sharing consumer information with third-party vendors as part of collection activities.
Residential mortgage warehouse providers acting under repurchase or “repo” agreements as buyers should be assured that safe harbors under the Bankruptcy Code will permit them to enforce their rights under repurchase agreements when originators file for bankruptcy, but, in reality, third parties may interfere.
In a recent Reuters article, Joseph Cioffi and Nicole Serratore discuss the legal risks and share practical tips to safely get the most out of alternative data and AI when making credit assessments and collecting and using credit data. Read it here.
Davis+Gilbert recently attended the Benzinga Cannabis Capital Conference, where the most significant and influential industry participants met to discuss the opportunities and challenges of funding growth in the cannabis industry. Joseph Cioffi moderated a discussion regarding the experience of Real Estate Investment Trusts (REITs) and the outlook for financing and regulations.
Joseph Cioffi and Nicole Serratore recently discussed the CFPB’s new debt collection rules relating to communications between debt collectors and consumers, which gives greater control to consumers and reduces legal exposure for complying collectors. With the threat of an economic downturn and delinquencies rising across markets, compliance will become increasingly important, especially in...
