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    Geithner issues statement on the auto industry Task Force
    2009-07-13

    Today, Treasury Secretary Geithner released a statement on the Presidential Task Force on the Auto Industry.

    Filed under:
    USA, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, General Motors, Chrysler, US Secretary of the Treasury
    Authors:
    Zachary Chapman
    Location:
    USA
    Firm:
    Alston & Bird LLP
    GM seeks to convert Treasury debt to equity; UAW encourages rejection of GM restructuring plan
    2009-05-06

    Yesterday, in a filing with the Securities and Exchange Commission, General Motors announced that it is currently attempting to restructure debt held by the U.S. Treasury Department. Under a current proposal, GM would convert at least 50% of its debt held by the U.S. Treasury Department into common shares. As a result of the conversion Treasury would hold greater than 50% of GM’s common shares.

    Filed under:
    USA, Insolvency & Restructuring, Alston & Bird LLP, Share (finance), Shareholder, Data, Debt, US Securities and Exchange Commission, European Commission, US Department of the Treasury, United Automobile Workers, General Motors
    Authors:
    Ian Grant
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Republic bank acquires deposits of National Bank of Commerce
    2009-01-16

    Today, the OCC closed the National Bank of Commerce, Berkley, Illinois and the FDIC was named as receiver. Republic Bank of Chicago, headquartered in Chicago, Illinois, entered into a purchase and assumption agreement with the FDIC to assume all the deposits of National Bank of Commerce.

    Filed under:
    USA, Banking, Corporate Finance/M&A, Insolvency & Restructuring, Alston & Bird LLP, Federal Deposit Insurance Corporation (USA)
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Federal district court: distressed debt fund not a “financial institution”
    2014-04-08

    A federal district court has ruled that a distressed debt fund is not a “financial institution” for purposes of the assignment provisions of a loan agreement.

    Background

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Investment funds, Default (finance), Distressed securities, Bank of America, United States bankruptcy court
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Virginia court holds state LLC law constitutes invalid Ipso facto clause
    2013-09-26

    In Virginia Broadband, LLC (Bankr. W.D. Va. Sept. 9, 2013), the unsecured creditors committee moved to dismiss an LLC’s chapter 11 bankruptcy case alleging a flaw in the authorization of the LLC’s bankruptcy filing caused by an authorizing member’s individual bankruptcy filing. Specifically, the committee alleged that when the authorizing member filed his individual bankruptcy case, Virginia law divested him of his non-economic (voting) rights in the LLC.

    Filed under:
    USA, Virginia, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bankruptcy, Limited liability company, United States bankruptcy court
    Authors:
    Suzanne N. Boyd
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Recent decisions on non-recourse carve-outs in CMBS loans
    2012-03-19

    Recent court decisions in the state of Michigan—Wells Fargo Bank, NA v. Cherryland Mall, ____ N.W.2d _____, 2011 WL 6785393 (Mich.App. 2011) (Cherryland) in the Michigan intermediate appellate court and 51382 Gratiot Avenue Holdings Inc. v. Chesterfield Development Company, 2011 U.S. Dist. LEXIS 142404 (E.D. Mi. Dec.

    Filed under:
    USA, Michigan, Banking, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Alston & Bird LLP, Surety, Debtor, Debt, Liability (financial accounting), Commercial mortgage-backed security, Wells Fargo
    Authors:
    Robert J. Sullivan
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Midland States Bank assumes all of the deposits of WestBridge Bank and trust company
    2010-10-17

    On Friday, the Missouri Division of Finance closed WestBridge Bank, headquartered in Chesterfield, Missouri, and appointed the FDIC as receiver.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Federal Deposit Insurance Corporation (USA)
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Bank of the Ozarks assumes all of the deposits of Horizon Bank
    2010-09-12

    On Friday, the Florida Office of Financial Regulation closed Horizon Bank, headquartered in Bradenton, Florida, and appointed the FDIC as receiver for the bank. As receiver, the FDIC entered into a purchase and assumption agreement with Bank of the Ozarks, headquartered in Little Rock, Arkansas, to assume all of the deposits of Horizon Bank.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Share (finance), Federal Deposit Insurance Corporation (USA)
    Location:
    USA
    Firm:
    Alston & Bird LLP
    First Citizens Bank bank and trust company assumes all of the deposits of Williamsburg First National Bank
    2010-07-25

    On Friday, the Office of the Comptroller of the Currency closed Williamsburg First National Bank, headquartered in Kingstree, South Carolina, and appointed the FDIC as receiver for the bank.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Share (finance), Office of the Comptroller of the Currency, Federal Deposit Insurance Corporation (USA)
    Authors:
    Ian Grant
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Bank of Spain releases details of restructuring of savings bank sector
    2010-07-01

    On Tuesday, the Bank of Spain released details regarding the status of the restructuring of the Spanish savings bank sector, in what it called “the biggest overhaul of the Spanish banking sector in recent history.” The Bank also provided details regarding funding for bank restructurings supplied by the Fund for the Orderly Restructuring of the Banking Sector (FROB),

    Filed under:
    Spain, Banking, Insolvency & Restructuring, Alston & Bird LLP, Liability (financial accounting), Preferred stock, European Commission
    Authors:
    Colin Roberts
    Location:
    Spain
    Firm:
    Alston & Bird LLP

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