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    Bankruptcy update: repos & safe harbor
    2013-03-19

    Few courts have construed the meaning of “repurchase agreement” as used in the Bankruptcy Code, so the recent HomeBanc1 case out of the United States Bankruptcy Court for the District of Delaware is a must-read for “repo” counterparties. The principal issue in HomeBanc was whether several zero purchase price repo transactions under the parties’ contract for the sale and repurchase of mortgage-backed securities fell within the definition of a “repurchase agreement” in Section 101(47) of the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bankruptcy, Security (finance), Mortgage-backed security
    Authors:
    Karen Gelernt , David A. Wender , Jonathan T. Edwards
    Location:
    USA
    Firm:
    Alston & Bird LLP
    FDIC approves the payout of the insured deposits of First Arizona Savings, A FSB
    2010-10-25

    On Friday, the Office of Thrift Supervision closed First Arizona Savings, A FSB, headquartered in Scottsdale, Arizona, and appointed the FDIC as receiver.

    Filed under:
    USA, Arizona, Banking, Insolvency & Restructuring, Alston & Bird LLP, Federal Deposit Insurance Corporation (USA), Office of Thrift Supervision, Federal Security Service
    Location:
    USA
    Firm:
    Alston & Bird LLP
    New Century Bank assumes all of the deposits of ISN Bank
    2010-09-18

    On Friday, the New Jersey Department of Banking and Insurance closed ISN Bank, headquartered in Cherry Hill, New Jersey, and appointed the FDIC as receiver for the bank.

    Filed under:
    USA, New Jersey, Banking, Insolvency & Restructuring, Alston & Bird LLP, Share (finance), Federal Deposit Insurance Corporation (USA)
    Location:
    USA
    Firm:
    Alston & Bird LLP
    State Bank and Trust Company assumes all of the deposits of NorthWest Bank and Trust
    2010-08-02

    On Friday, the Georgia Department of Banking & Finance closed NorthWest Bank and Trust, headquartered in Acworth, Georgia, and appointed the FDIC as receiver for the bank.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Share (finance), Federal Deposit Insurance Corporation (USA)
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Centerstate Bank of Florida, National Association assumes all of the deposits of Olde Cypress Community Bank
    2010-07-19

    On Friday, the Office of Thrift Supervision closed Olde Cypress Community Bank, headquartered in Clewiston, Florida, and appointed the FDIC as receiver for the bank.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Share (finance), Subsidiary, Federal Deposit Insurance Corporation (USA), Office of Thrift Supervision
    Authors:
    Anjali Desai
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Lehman Brothers Holdings Inc. files complaint against JPMorgan Chase Bank, N.A.
    2010-05-27

    Yesterday, Lehman Brothers Holdings Inc. (LBHI) and the Official Committee of Unsecured Creditors of LBHI (the Committee) filed a complaint against JPMorgan Chase Bank, N.A. (JPMorgan) in the U.S. Bankruptcy Court for the Southern District of New York.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bankruptcy, Clearing (finance), Collateral (finance), Leverage (finance), Brokerage firm, JPMorgan Chase, Lehman Brothers, United States bankruptcy court
    Location:
    USA
    Firm:
    Alston & Bird LLP
    BankLiberty assumes all of the deposits of Champion Bank
    2010-05-01

    Yesterday, the Department of Insurance, Financial Institutions & Professional Regulation of the Missouri Division of Finance closed Champion Bank, headquartered in Creve Coeur, Missouri, and appointed the FDIC receiver.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Federal Deposit Insurance Corporation (USA), Insurance commissioner
    Authors:
    Melinda C. Calisti
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Bank of the Ozarks assumes all of the deposits of Unity National Bank
    2010-03-27

    On Friday, the OCC closed Unity National Bank, headquartered in Cartersville, Georgia, and the FDIC was named receiver.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Commercial bank, Federal Deposit Insurance Corporation (USA)
    Authors:
    Lawanna Kimbro
    Location:
    USA
    Firm:
    Alston & Bird LLP
    AIG announces Q4 and year-end results
    2010-02-28

    On Friday, American International Group, Inc. (AIG) released its results for the fourth quarter and full year 2009. AIG reported a Q4 net loss of $8.9 billion, bringing 2009’s total net losses to $10.9 billion.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Alston & Bird LLP, Interest, Debt, Life insurance, Valuation (finance), American International Group, Bank of New York Mellon, Chief executive officer
    Authors:
    Ian Grant
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Premier American Bank, National Association assumes deposits of Premier American Bank in first use of OCC “shelf charter” to acquire failed bank
    2010-01-23

    On Friday, the Florida Office of Financial Regulation closed Premier American Bank, headquartered in Miami, Florida, and the FDIC was named receiver.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Consideration, Subsidiary, Acquiring bank, Federal Deposit Insurance Corporation (USA)
    Authors:
    Lawanna Kimbro
    Location:
    USA
    Firm:
    Alston & Bird LLP

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