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    DSB Bank N.V. declared bankrupt and ordered to liquidate
    2009-10-19

    Earlier today, DSB Bank N.V. (DSB) was declared bankrupt and ordered to liquidate, ending hopes the regional lender, which last week suffered a run on deposits and was subsequently put into receivership, might be sold or bailed out.

    Filed under:
    Netherlands, Banking, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Liquidation
    Authors:
    Darren Cooper
    Location:
    Netherlands
    Firm:
    Alston & Bird LLP
    OTS closes ebank
    2009-08-21

    Today, the OTS closed ebank, headquartered in Atlanta, Georgia, and the FDIC was named as receiver.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Share (finance), Federal Deposit Insurance Corporation (USA)
    Location:
    USA
    Firm:
    Alston & Bird LLP
    U.S. Supreme Court Justice Ginsburg delays sale of Chrysler assets
    2009-06-08

    This afternoon, U.S. Supreme Court Justice Ruth Bader Ginsburg issued an order extending the temporary stay placed by a federal appeals court in New York last week on the sale of Chrysler LLC’s assets to a new company, to be partially owned by Italian automaker Fiat S.p.A., to allow opponents to the sale sufficient time to seek Supreme Court review.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bankruptcy, Retirement, Troubled Asset Relief Program, Emergency Economic Stabilization Act 2008 (USA), Chrysler, SCOTUS, United States bankruptcy court
    Authors:
    Anjali Desai
    Location:
    USA
    Firm:
    Alston & Bird LLP
    First Federal acquires deposits of Cape Fear Bank
    2009-04-12

    On April 10, 2009, the North Carolina Office of Commissioner of Banks closed Cape Fear Bank, headquartered in Wilmington, North Carolina, and the FDIC was named as receiver.

    Filed under:
    USA, North Carolina, Banking, Insolvency & Restructuring, Alston & Bird LLP, Federal Deposit Insurance Corporation (USA)
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Senate and House committees hold more hearings on current condition of US auto industry
    2008-12-06

    This week, the Senate Committee on Banking, Housing, and Urban Affairs and the House Committee on Financial Services held a second round of hearings, as a follow-up to the hearings held

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Credit default swap, Bridge loan, US Congress, Ford Motor Company, Government Accountability Office, US House Committee on Financial Services, United Automobile Workers, US Senate Committee on Banking, Housing and Urban Affairs, Chrysler, Chief executive officer
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Wellness raises a $920 million question
    2015-06-01

    The U.S. Supreme Court’s decision in Wellness International Network Ltd. v. Sharif confirms the long-held and common sense belief that “knowing and voluntary consent” is the key to the exercise of judicial authority by a bankruptcy court judge.1 In short, the Supreme Court held that a litigant in a bankruptcy court can consent—expressly or impliedly through waiver—to the bankruptcy court’s final adjudication of claims that the bankruptcy court otherwise lacks constitutional authority to finally decide.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Alston & Bird LLP, United States bankruptcy court
    Location:
    USA
    Firm:
    Alston & Bird LLP
    In re Cook
    2014-01-17

    In In re Cook, 2014 Bankr. LEXIS 67 (B.A.P. 8th Cir. Jan.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Eighth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Bankruptcy court finds some repo participants are not SIPA “customers”
    2013-06-28

    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.

    Filed under:
    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
    Authors:
    Willa Bruckner , John W. Weiss , Aimee M. Cummo , David A. Wender , Karen Gelernt , Jonathan T. Edwards
    Location:
    USA
    Firm:
    Alston & Bird LLP
    The Second Circuit interprets the Bankruptcy Code’s safe harbor provisions more broadly than the Bankruptcy Court
    2011-07-27

    The Second Circuit Court of Appeals has now weighed in on the Bankruptcy Code’s safe harbor provisions. In Enron Creditors Recovery Corp. v. Alfa, S.A.B. de C.V., Docket Nos. 09–5122, 09–5142, 2011 WL 2536101 (2d Cir. June 28, 2011), the Second Circuit Court of Appeals faced an issue of first impression—whether Section 546(e) of the Bankruptcy Code, which shields certain payments from avoidance actions in bankruptcy, extends to an issuer’s payment to redeem its commercial paper made before maturity.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bankruptcy, Unsecured debt, Security (finance), Fraud, Safe harbor (law), Discovery, Debt, Maturity (finance), Broker-dealer, Market value, Accrued interest, Commercial paper, Enron, Second Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Alston & Bird 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

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