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A Reminder That a 9019 Motion Is Not a Slam Dunk: Bankruptcy Court Denies 9019 Motion After Determining That Approving Certain Findings Required By Settlement Would Amount to Inappropriate Advisory Opinion

Introduction

USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy
No Setoff Here: Third Circuit Resolves Triangular Setoff Debate Once and for All

Introduction

USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
Tenth Circuit BAP Decision Authorizes Claim for Postpetition Interest Under 506(b): Read the Fine Print!

In a recent decision, Twiford Enters. v. Rolling Hills Bank & Trust (In re Twiford Enters.), 2020 Bankr. LEXIS 2964, 2020 WL 6075691 (10th Cir. BAP 2020), the Tenth Circuit Bankruptcy Appellate Panel affirmed the lower court’s decision awarding postpetition interest pursuant to section 506(b). The disputed issue was whether a reference in the variable rate promissory notes to an internal rate index maintained by the bank was sufficiently clear and specific to support a claim for postpetition interest. The court held that it was.

USA, Banking, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
FDIC holds first in a series of roundtables on financial reform

On Tuesday, the FDIC held the first in a series of proposed roundtable discussions on the implementation of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, which is intended to bring transparency to the rulemaking process. Government officials, industry executives, academics and investors were invited to participate in the discussion.

USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Consumer protection, Collateral (finance), Advance healthcare directive, Federal Deposit Insurance Corporation (USA), Federal Reserve (USA), Bear Stearns, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA)