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    Goodwill case of the GM Group was judged by CARF
    2013-08-06

    On 06.11.2013, the 1st Panel of 3rd Chamber of 1st Judgment Section of Federal Administrative Tax Court granted relief to the Voluntary Appeal filed by Banco GMAC S/A, recognizing the use of a tax benefit for the amortization of goodwill originated from the corporate restructuring of GM Group.

    Tax authorities claimed that the GM Group had used a vehicle company and that the corporate operations lacked business purpose, so the goodwill was created inside the group by an inverted merger.  

    Filed under:
    Brazil, Insolvency & Restructuring, Tax, Machado Meyer Advogados, Ally Financial
    Location:
    Brazil
    Firm:
    Machado Meyer Advogados
    No Construction Lien Act (Ontario) deemed trust in bankruptcy
    2014-05-28

    In his recent decision inRoyal Bank of Canada v.Atlas Block Co. Limited, 2014 ONSC 3062 (“Atlas Block”), Justice Penny of the Ontario Superior Court of Justice (Commercial List) held that trust claims pursuant to section 8 of the Construction Lien Act (Ontario) (the “CLA”) do not survive the bankruptcy of the would-be trustee debtor.

    Filed under:
    Canada, Ontario, Construction, Insolvency & Restructuring, Litigation, Aird & Berlis LLP | Aird & McBurney LP, Bankruptcy, Common law, Royal Bank of Canada, Ally Financial, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Sam Babe
    Location:
    Canada
    Firm:
    Aird & Berlis LLP | Aird & McBurney LP
    The chronicles of property of the bankrupt: trustees, interim receivers and the law of trusts
    2008-08-19

    In Re Norame Inc. (2008), 90 O.R. (3d) 303(Ont. C.A.), the Ontario Court of Appeal was again called upon to consider various issues of importance to insolvency practitioners. In a decision released on April 28, 2008, Mr. Justice LaForme delivered the judgment for the Court of Appeal and in so doing dismissed the appeal of Paddon + Yorke Inc., in its capacity as trustee in bankruptcy of Norame Inc. (the "Trustee").

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Bankruptcy, Involuntary dismissal, Common law, Ally Financial, Bankruptcy and Insolvency Act 1985 (Canada), Trustee, Court of Appeal of England & Wales, Court of Appeal for Ontario, Ontario Superior Court of Justice
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Fannie Mae and Freddie Mac react to apparent defects in foreclosure procedures
    2010-10-02

    Yesterday, following announcements from Ally Financial and JP Morgan Chase of temporary suspensions of foreclosure efforts in certain states, Fannie Mae issued a statement yes

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Mortgage loan, Foreclosure, Capital punishment, JPMorgan Chase, Bank of America, Ally Financial, Federal Housing Finance Agency
    Authors:
    David E Brown
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Equitable subrogation: “complete and perfect justice” requires party to be without fault
    2014-09-19

    Ocwen Loan Servicing LLC v. Summit Bank, N.A. (In re Francis), 750 F.3d 754 (8th Cir. 2014) –

    A lender that attached the wrong legal description to its recorded mortgage sought equitable subrogation and/or reformation of the mortgage in order to obtain a first priority lien on the intended property.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Mortgage loan, Ally Financial
    Location:
    USA
    Firm:
    Troutman Pepper
    District Court dismisses insider preference claim despite affiliates holding equity and board seats
    2013-04-19

    The United States District Court for the Southern District of New York dismissed an insider preference complaint by Capmark Financial Group Inc. and its affiliates ("Capmark") seeking to recover a $145 million pre-bankruptcy payment from a lender group. Capmark Financial Group Inc. v. Goldman Sachs Credit Partners L.P., __ F. Supp. 2d __, 2013 WL 1420243 (S.D.N.Y. Apr.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Bankruptcy, Board of directors, Limited liability company, Ally Financial, Second Circuit, US District Court for the Southern District of New York
    Authors:
    David M. Hillman , Eleazer Klein , Howard O. Godnick , Michael L. Cook , Meghan M. Breen
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Southern District of New York dismisses insider preference claims against affiliates of Goldman Sachs
    2013-04-15

    Firms offering comprehensive financial services scored a significant victory on April 9, 2013, when Judge Robert Sweet of the United States District Court for the Southern District of New York dismissed Capmark Financial Group Inc.’s (“Capmark”) insider preference action against four lender affiliates of The Goldman Sachs Group, Inc. (“Goldman Sachs”), which arose out of Capmark’s 2009 bankruptcy.1 Davis Polk represented the Goldman Sachs lender affiliates and advanced the arguments adopted by Judge Sweet.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Davis Polk & Wardwell LLP, Bankruptcy, Credit (finance), Debtor, Estoppel, Goldman Sachs, Ally Financial, United States bankruptcy court
    Authors:
    Benjamin S. Kaminetzky , Elliot Moskowitz , Neal A. Potischman , Jonathan D. Martin , Michael J. Russano , Donald S Bernstein , Damian S. Schaible , Timothy Graulich , Brian M. Resnick
    Location:
    USA
    Firm:
    Davis Polk & Wardwell LLP
    Sixth Circuit Bankruptcy Appellate Panel directs lower court to determine secured party as of the date of debtor's bankruptcy petition when notes were endorsed after petition filed
    2011-10-24

    In a recent appeal to the Sixth Circuit Bankruptcy Appellate Panel, Inre Collins, 2011 WL 4445451 (6th Cir. BAP Aug. 12, 2011), the trustee sought a declaratory judgment to determine the validity, extent, and priority of liens on the debtor’s real property held by four defendants.  The trustee appealed the district court’s dismissal of his complaint as to purported holders of the debtor’s first and second mortgages on the debtor’s property.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Frost Brown Todd LLP, Debtor, Interest, Debt, Mortgage loan, Bank of New York Mellon, Ally Financial, US Code, Trustee, United States bankruptcy court, Sixth Circuit, Bankruptcy Appellate Panel
    Authors:
    William T. Repasky
    Location:
    USA
    Firm:
    Frost Brown Todd LLP
    Massachusetts Attorney General criticizes multistate settlement efforts over banks' foreclosure practices
    2011-10-31

    Dissatisfied with the ongoing multistate and federal efforts to reach a settlement agreement with major U.S. banks over unlawful foreclosure practices, Massachusetts Attorney General Martha Coakley indicated that her office was independently preparing to file several lawsuits. A number of U.S. states, along with the U.S. Department of Justice, have accused the five largest mortgage servicers, Bank of America Corp., Citigroup Inc., JPMorgan Chase & Co., Ally Financial and Wells Fargo & Co., of failing to follow proper foreclosure procedures.

    Filed under:
    USA, Massachusetts, Banking, Insolvency & Restructuring, Sedgwick LLP, Mortgage loan, Foreclosure, US Department of Justice, Wells Fargo, JPMorgan Chase, Bank of America, Ally Financial, Citigroup, New York Attorney General, Massachusetts Attorney General, California Attorney General
    Authors:
    Eric C. Scheiner , Jennifer Q. Broda , Thomas R. Orofino , Jennifer Hamilton , Matthew M. Ferguson
    Location:
    USA
    Firm:
    Sedgwick LLP
    Chrysler bankruptcy judge approves GMAC as preferred lender for dealers
    2009-05-13

    Yesterday, U.S. Bankruptcy Judge Arthur Gonzalez approved a motion by Chrysler LLC requesting that GMAC LLC become the preferred lender for its dealer network, and be permitted to provide wholesale, retail and other product-related financing for Chrysler dealers and customers to purchase vehicles.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bankruptcy, Retail, Collateral (finance), Limited liability company, Consent, Preferred stock, Ally Financial, Chrysler
    Authors:
    Anjali Desai
    Location:
    USA
    Firm:
    Alston & Bird LLP

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