A proposed new Article 12 of the UCC provides rules for transactions involving certain new types of digital assets, including cryptocurrency and non-fungible tokens. Under the proposed new Article 12, these intangible assets are called “controllable electronic records,” or “CERs.” To ensure that the UCC remains relevant, CERs are defined to include not only assets created using today’s distributed ledger or “blockchain” technology but also any assets that may function similarly using future emerging technologies.

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Photo of John B. Hutton III John B. Hutton III

John B. Hutton III is a restructuring advisor and a bankruptcy litigator who has spent his entire career with Greenberg Traurig since joining the firm in 1993. He has wide-ranging experience representing debtors, trustees, secured and unsecured creditors, asset purchasers, indenture trustees and…

John B. Hutton III is a restructuring advisor and a bankruptcy litigator who has spent his entire career with Greenberg Traurig since joining the firm in 1993. He has wide-ranging experience representing debtors, trustees, secured and unsecured creditors, asset purchasers, indenture trustees and bondholders across various industries, with a particular focus on municipal finance/ tax-exempt bonds, real estate, and hospitality. John litigates issues involving cash collateral, adequate protection, valuation, stay relief, feasibility and plan confirmation treatment. In his early years with the firm, John played a key role in the Southeast Banking Corporation bankruptcy case, one of the largest bank holding companies in Florida, which returned over 100 percent to creditors, along with post-petition interest. He has also had multiple Committee representations, including Mission Health, where the recovery for unsecured creditors was increased from a projected 10 percent to 90 percent. The U.S. Trustee called it the “most aggressive” Committee she had seen in her career. John has broad experience in handling indenture trustee and bondholder representations involving tax-exempt community development district bonds and the issues arising in such cases.

Photo of Kevin Hoyos Kevin Hoyos

Kevin Hoyos is a member of the Restructuring & Bankruptcy Practice in Greenberg Traurig’s Miami office, and focuses his practice on bankruptcy reorganizations, out-of-court financial restructuring workouts, distressed M&A, and liquidations. Prior to entering private practice, Kevin served as a judicial law clerk…

Kevin Hoyos is a member of the Restructuring & Bankruptcy Practice in Greenberg Traurig’s Miami office, and focuses his practice on bankruptcy reorganizations, out-of-court financial restructuring workouts, distressed M&A, and liquidations. Prior to entering private practice, Kevin served as a judicial law clerk for the Honorable Louis A. Scarcella in the U.S. Bankruptcy Court for the Eastern District of New York.

Kevin handles complex bankruptcy and restructuring legal issues relating to fraudulent transactions, digital assets, cross-border insolvencies, liquidating and litigation trusts, real estate investment trusts, asset purchase agreements, restructuring financing, portfolio company asset sales and acquisitions, LIBOR transition, and distressed municipal finance. His corporate restructuring and bankruptcy experience spans a variety of sectors and includes the financial, technology, real estate, chemical, energy, aviation, retail, petroleum, structured finance, health care, and manufacturing sectors.