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In re Lehman Brothers Inc. and subordination of creditors' claims

In In reLehman Brothers Inc., two creditors recently made an unsuccessful attempt to infuse Section 510(b) of the Bankruptcy Code with ambiguity and avoid the subordination of their claims.  In re Lehman Brothers, Inc., 2014 WL 288571 (Bankr. S.D.N.Y.

USA, New York, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Debtor, Underwriting, Lehman Brothers
In re Velo Holdings, Inc.

The Bankruptcy Court for the Southern District of New York recently held that a state’s post-confirmation investigation of a debtor’s post-confirmation conduct does not violate a plan confirmation order that enjoins actions against the debtor.  In re Velo Holdings, Inc. et al., 500 B.R. 693 (Bankr. S.D.N.Y. 2013).

USA, New York, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Injunction, Subpoena, Competition and Consumer Act 2010 (Australia), United States bankruptcy court
In Re American roads LLC: committee of bondholders lacked standing to vote on debtor's plan of reorganization

The U.S. Bankruptcy Court for the Southern District of New York recently held that an ad hoc committee of bondholders, holding $162.5 in senior secured bonds, lacked standing to participate in the issuer-debtor’s Chapter 11 bankruptcy case.  In re American Roads LLC, 2013 WL 4601006 (Bankr. S.D.N.Y.

USA, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bond (finance), United States bankruptcy court
In re East End Development, LLC

In In re East End Development, LLC, 2013 WL 1820182 (Bankr. E.D.N.Y. Apr.

USA, New York, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Debtor
FDIC proposes orderly liquidation rules

Earlier today, the FDIC announced that the FDIC Board of Directors voted on Friday, October 8, 2010 to approve the issuance of a notice of proposed rulemaking (NPR) regarding the treatment of certain creditor claims under the FDIC’s new orderly liquidation authority established under Title II of the

USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Bond market, Letter of credit, Unsecured debt, Collateral (finance), Board of directors, Market liquidity, Liquidation, Holding company, Subsidiary, Subordinated debt, US Federal Government, Federal Deposit Insurance Corporation (USA), Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA)