Americanwest Bancorporation: how a Section 363 sale in bankruptcy provides a viable recapitalization option for troubled banks

In the current economic environment, many banks have lost significant capital and are under immense pressure, regulatory and otherwise, to recapitalize. Failure to recapitalize within time frames set by bank regulators can result in a bank’s seizure by its chartering authority and an FDIC receivership.

Filed under:
USA, Banking, Derivatives, Insolvency & Restructuring, Morrison & Foerster LLP, Bankruptcy, Shareholder, Collateral (finance), Security (finance), Fiduciary, Debt, Investment banking, Holding company, Bank holding company, Collateralized debt obligation, Preferred stock, Leverage (finance), Federal Deposit Insurance Corporation (USA), Trustee
Authors:
Henry M. Fields , Kenneth E. Kohler , Barbara R. Mendelson , Alexandra Steinberg Barrage
Location:
USA
Firm:
Morrison & Foerster LLP