Fulltext Search
Safe harbor update: continued uncertainty regarding applicability of safe harbors to leveraged buy-outs of privately held securities

A Western District of New York bankruptcy court has held that the safe harbor provisions of section 546(e) of the Bankruptcy Code apply to leveraged buy-outs of privately held securities. See Cyganowski v. Lapides (In re Batavia Nursing Home, LLC), No. 12-1145 (Bankr. W.D.N.Y. July 29, 2013).

USA, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Security (finance), Safe harbor (law), Privately held company, Leveraged buyout, United States bankruptcy court
Bankruptcy court finds some repo participants are not SIPA “customers”

On June 25, 2013, the Bankruptcy Court for the Southern District of New York (the “Court”) issued a memorandum decision in the Lehman Brothers SIPA proceeding1 holding that claims asserted by certain repurchase agreement (“repo”) counterparties (the “Representative Claimants”) did not qualify for treatment as customer claims under SIPA.

USA, New York, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Unsecured debt, Security (finance), Broker-dealer, Lehman Brothers, Securities Investor Protection Corporation, United States bankruptcy court
Court confirms CIT reorganization plan

CIT Group Inc.

USA, New York, Insolvency & Restructuring, Alston & Bird LLP, Share (finance), Bankruptcy, Security (finance), Board of directors, Debt, Stock exchange, Preferred stock, New York Stock Exchange, Small Business Administration (USA), Chief executive officer, United States bankruptcy court
CIT announces reorganization plan solicitation results

CIT Group Inc.

USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Debt, Voting, Solicitation, Election, Brokerage firm
Federal Reserve Governor Tarullo considers regulation of large institutions

Yesterday, Daniel K. Tarullo, a governor of the Federal Reserve System, continued his vigorous speaking schedule with a speech at the Institute of International Bankers Conference on Cross-Border Insolvency Issues in New York.

USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Shareholder, Advance healthcare directive, Federal Reserve (USA), US House Committee on Financial Services
CIT files for bankruptcy

CIT Group Inc.

USA, New York, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Wage, Bankruptcy, Debtor, Board of directors, Market liquidity, Limited liability company, Debt, Line of credit, Subsidiary, Preferred stock