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Bankruptcy Court concludes that renewable power purchase and sale agreement is a "forward contract" entitled to safe harbor protections

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USA, Insolvency & Restructuring, Reed Smith LLP, Bankruptcy, Debtor, Renewable energy, Title 11 of the US Code, United States bankruptcy court
Distributions from an investment advisor to its customers may not be protected transactions under Section 546(e) of the Bankruptcy Code

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USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Debtor, Security (finance), Safe harbor (law), Commodity, Liquidation, Title 11 of the US Code, United States bankruptcy court
Mechanics for accelerating repo transactions due to an event of default under the GMRA

Under the 2000 version of the Global Master Repurchase Agreement (the "GMRA"), a standard form agreement produced by The Bond Market Association and the International Securities Market Association, an Event of Default occurs, and all outstanding transactions under the GMRA are accelerated immediately, upon:

Global, Insolvency & Restructuring, Reed Smith LLP, Security (finance), Liquidation, Liquidator (law)
Appointment of administrators under U.K.'s is not an event of default under Global Master Repurchase Agreement

Under the Global Master Repurchase Agreement (the "GMRA"), a standard form agreement produced by The Bond Market Association and the International Securities Market Association, all of the events of default (with one exception) require both (i) the occurrence of an event and (ii) service by the non-defaulting party of a default notice on the defaulting party.

United Kingdom, Insolvency & Restructuring, Litigation, Reed Smith LLP, Liquidation, Default (finance), Liquidator (law)
Successor liability – does it survive a Section 363(f) sale?

This article was first published in The Bankruptcy Strategist

USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Debtor
FDIC treatment of creditor claims under orderly liquidation process

When a traditional nonbanking company files a case under the Bankruptcy Code, a judge is appointed to be the neutral arbiter of disputes that arise between the debtor and its creditors.

USA, Banking, Insolvency & Restructuring, Litigation, Reed Smith LLP, Standard of review, Liquidation, Judicial review, Federal Deposit Insurance Corporation (USA), Financial Stability Oversight Council, Title 11 of the US Code
How to get your slice of the Dodd-Frank liquidation pie

Introduction

USA, Banking, Insolvency & Restructuring, Reed Smith LLP, Foreign direct investment, Consumer protection, Unsecured debt, Liquidation, Judicial review, Federal Deposit Insurance Corporation (USA), Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Title 11 of the US Code, Federal Deposit Insurance Act 1950 (USA), US Secretary of the Treasury