Doing Business in Florida Blog

The Life Settlement Industry – Bankruptcy Issues – Part 3

August 21, 2017
Leslie Gern Cloyd  |  Bankruptcy Litigation, Bankruptcy/Restructuring, Business Reorganization, life settlements

This third installment of our series delves into the following issues: (1) Are life settlements viewed as securities under applicable state law?  (2) How can the debtor-in-possession, i.e. the debtor in a Chapter 11 bankruptcy case (“DIP”) or the trustee avoid the life settlements going in to grace and/or lapsing due to insufficient funds to make

The Life Settlement Industry – Bankruptcy Issues - Part 2

March 22, 2017
Leslie Gern Cloyd and Deborah B. Talenfeld  |  Bankruptcy/Restructuring, Business Reorganization, life settlements

This second installment of our series, “The Life Settlement Industry – Bankruptcy Issues”, will address two related issues: (1) What type of interest (if any) does an investor-creditor have in a “life settlement” (i.e., a life insurance policy sold by the original owner to a third party for a value in excess of the policy’s cash surrender value, but less