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| vol 21, num 1 | January 2023 |
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| A Note from Your Co-Chairs: Highlights of 2022 |
| As we enter the final days of 2022, we are pleased to step back and highlight the work performed by the Young and New Members Committee over the past year. We have loved working with our committee leaders and are truly grateful for their time and commitment to ABI.
Quarterly Newsletters
In 2022, the committee published newsletters in March and October featuring seven articles. Our March 2022 newsletter included articles comparing the methods for liquidating the assets of distressed companies and discussing developments arising from the Supreme Court’s holding in City of Chicago v. Fulton. Our October 2022 newsletter was incredibly timely; it featured an in-depth article on the ownership and valuation of cryptocurrency assets held in the custody of a cryptocurrency exchange. Also featured was an article by a career law clerk on her 21 years of working for the court system, an article on pleading “reasonable due diligence” in preference actions, and an article on the assignability of intellectual property licenses.
The Young and New Members Committee is looking for authors for our newsletter. Writing for our committee newsletter is a great way to get more involved with the committee and to publish with ABI. If you have any interest in writing for the newsletter, please reach out to our Newsletter Editors Jack O’Connor or CC Schnapp (their email addresses are below). The deadline to submit a topic for the next newsletter is Jan. 15, 2023, and articles are due Feb. 15, 2023. |
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| The Crypto Conundrum: Difficulties in Valuing Cryptocurrency Assets Held in Exchange Custody: Part Two |
| Part One of this two-part article reviewed custodially held crypto assets as part of the bankruptcy estate. This installment discusses intrinsic value as a proper valuation method for crypto assets held in exchange custody, factors to consider when calculating the intrinsic value of custodially held crypto assets, and risk-mitigation approaches to preserve asset value.
Intrinsic Value as a Proper Valuation Method for Custodially Held Crypto Assets
When a record owner of crypto assets held in exchange custody files for bankruptcy, trustees and counsel must acknowledge the risk of an exchange bankruptcy during the pendency of the record-owner’s bankruptcy case. As discussed in Part One, crypto assets held in exchange custody cannot be valued according to face value due to the risk an exchange bankruptcy’s automatic stay will prevent the record-owner from exercising its directing interest over the assets
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| Crypto as Kryptonite: The Great Meltdown of 2022 |
| “It’s like déjà vu all over again.” — Yogi Berra
I’m a creature of habit, to be sure. It wouldn’t be the holidays without talking about a classic holiday movie: Frank Capra’s 1946 classic It’s a Wonderful Life. It’s the story of George Bailey, who inherits the Bailey Building & Loan Association founded by his father in the 1940s, and who forgoes his dreams of traveling the world to instead help the multicultural residents of fictional Bedford Falls, N.Y., realize the dream of home ownership.
What does any of this have to do with the recent, dizzying crash of many crypto exchanges and the resulting staggering loss of value of this phantom currency? If there’s any maxim that stands the test of time for me in 40 years of law practice, it is that history will repeat itself; the vignettes that flash across the economic landscape will just take different forms. |
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