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    FHFA proposes rules on GSE conservatorships and receiverships
    2010-07-08

    The Federal Housing Finance Agency (FHFA) has proposed new rules to "codify the terms of conservatorship and receivership operations for Fannie Mae, Freddie Mac and the Federal Home Loan Banks," as required by the Housing and Economic Recovery Act of 2008.

    Filed under:
    USA, Insolvency & Restructuring, Alston & Bird LLP, Shareholder, Breach of contract, Interest, Liability (financial accounting), Federal Deposit Insurance Corporation (USA), Federal Housing Finance Agency, American Recovery and Reinvestment Act 2009 (USA)
    Authors:
    David E Brown
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Supreme Court to decide whether to review Seventh Circuit decision holding that bankruptcy does not discharge environmental clean-up liability under the Resource Conservation and Recovery Act
    2010-09-20

    In a decision that may create a significant roadblock for companies saddled with environmental clean-up liability to continue as a going concern, the Seventh Circuit in U.S. v. Apex Oil Company, Inc., 579 F.3d 734 (7th Cir. 2009) affirmed a district court injunction requiring the clean-up of a contaminated site in Illinois under section 7003 of the Resource Conservation and Recovery Act (RCRA) despite the company's bankruptcy. On September 27, 2010, the Supreme Court is scheduled to discuss whether to grant review of the Apex decision.

    Filed under:
    USA, Environment & Climate Change, Insolvency & Restructuring, Litigation, Sheppard Mullin Richter & Hampton LLP, Contamination, Bankruptcy, Debtor, Injunction, Federal Reporter, Debt, Liquidation, Bankruptcy discharge, US Code, Title 11 of the US Code, American Recovery and Reinvestment Act 2009 (USA), Resource Conservation and Recovery Act 1976 (USA), Supreme Court of the United States, Seventh Circuit
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    You Can Lead a Horse to Water, But You Can’t Call it an Airplane: Supreme Court Oral Arguments Suggest Puerto Rico’s Recovery Act May Recover
    2016-03-23

    A few thoughts on Tuesday’s oral arguments before the U.S. Supreme Court in the litigation over whether Puerto Rico’s Public Corporations Debt Enforcement and Recovery Act, an insolvency statute for certain of its government instrumentalities, is void, as the lower federal courts held, under Section 903 of the U.S. Bankruptcy Code:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mintz, Title 11 of the US Code, American Recovery and Reinvestment Act 2009 (USA), Supreme Court of the United States
    Authors:
    Leonard Weiser-Varon , William W. Kannel
    Location:
    USA
    Firm:
    Mintz
    Fannie Mae and Freddie Mac placed in conservatorship by U.S. Treasury and FHFA
    2008-09-12

    On September 7, the U.S. Treasury Department and the Federal Housing Finance Authority (FHFA) placed Fannie Mae and Freddie Mac into conservatorship, and announced (i) Treasury’s entry into a Senior Preferred Stock Purchase Agreement with each Government Sponsored Entity (GSE), (ii) the creation of a Government Sponsored Entity Credit Facility (GSECF), and (iii) the adoption of a GSE Mortgage Backed Securities (MBS) Purchase Program.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Katten Muchin Rosenman LLP, Credit (finance), Security (finance), Dividends, Asset management, Mortgage loan, Liability (financial accounting), Preferred stock, Mortgage-backed security, HM Treasury (UK), US Department of the Treasury, Federal Housing Finance Agency, American Recovery and Reinvestment Act 2009 (USA)
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    The American Recovery and Reinvestment Act encourages debt repurchases and restructurings
    2009-02-20

    Recent declines in the trading prices of many companies' debt securities has created opportunities for those companies to reacquire a portion or all of that debt at substantial discounts through open market repurchases, privately negotiated transactions and tender offers. In some cases, the opportunities for discounted repurchases come to companies directly from investors seeking to sell the debt back in order to meet their own cash needs or otherwise obtain liquidity for thinly-traded securities.

    Filed under:
    USA, Insolvency & Restructuring, Dentons, Private equity, Security (finance), Market liquidity, Privately held company, Accounting, Debt, Tax deduction, Fair market value, Debt restructuring, Buyout, American Recovery and Reinvestment Act 2009 (USA)
    Location:
    USA
    Firm:
    Dentons
    Stimulus legislation provides tax relief for certain debt restructurings
    2009-03-13

    One of the most significant tax provisions contained in the recently enacted American Recovery and Reinvestment Act of 2009 (“ARRA”) might prove helpful to certain taxpayers looking to restructure their balance sheets.

    Filed under:
    USA, Insolvency & Restructuring, Tax, Kilpatrick Townsend & Stockton LLP, Bankruptcy, Debtor, Tax credit, Debt, Balance sheet, C corporation, Student loan, Bankruptcy discharge, Title 11 of the US Code, American Recovery and Reinvestment Act 2009 (USA)
    Authors:
    Lynn E. Fowler
    Location:
    USA
    Firm:
    Kilpatrick Townsend & Stockton LLP
    7th Circuit: certain equitable environmental remedies not dischargeable in bankruptcy
    2009-08-31

    The Seventh Circuit U.S. Court of Appeals recently ruled that an environmental clean-up obligation under the Resource Conservation and Recovery Act (“RCRA”) is not dischargeable in bankruptcy, even when the debtor no longer has any internal clean-up operations and would have to contract a third party to provide such services at significant cost.

    Filed under:
    USA, Environment & Climate Change, Insolvency & Restructuring, Litigation, Pillsbury Winthrop Shaw Pittman LLP, Bankruptcy, Debtor, American Recovery and Reinvestment Act 2009 (USA), Resource Conservation and Recovery Act 1976 (USA), Seventh Circuit
    Location:
    USA
    Firm:
    Pillsbury Winthrop Shaw Pittman LLP
    Sweeping environmental liability under the bankruptcy carpet: fresh start is not guaranteed
    2010-01-05

    Businesses considering filing Chapter 11 for bankruptcy protection may not necessarily be able to avoid certain environmental cleanup obligations. The underlying policy goals of bankruptcy and environmental laws are in direct conflict in that bankruptcy law seeks to promote financial rehabilitation by discharging a debtor's past obligations in order to promote financial rehabilitation while environmental law seeks to ensure that the government can order responsible parties to clean up contamination, including historical pollution caused by business predecessors.

    Filed under:
    USA, Environment & Climate Change, Insolvency & Restructuring, Litigation, Day Pitney LLP, Contamination, Environmental remediation, Pollution, Bankruptcy, Debtor, Injunction, Breach of contract, Debt, Waste management, Joint and several liability, Bankruptcy discharge, US Environmental Protection Agency, American Recovery and Reinvestment Act 2009 (USA), Resource Conservation and Recovery Act 1976 (USA), Seventh Circuit
    Authors:
    Tricia H. Foley , James J. "Jim" Tancredi
    Location:
    USA
    Firm:
    Day Pitney LLP
    PA municipalities further challenged with amendment of financial recovery act
    2011-07-08

    At a time when municipalities face historic fiscal challenges, the Commonwealth budget for fiscal year 2012 temporarily deprives Pennsylvania’s third-class cities of a useful tool for negotiating with creditors.

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Ballard Spahr LLP, Budget, Economic development, Moratorium, Title 11 of the US Code, American Recovery and Reinvestment Act 2009 (USA)
    Authors:
    William C. Rhodes , Valarie J. Allen
    Location:
    USA
    Firm:
    Ballard Spahr LLP
    Bankruptcy Settlements may not have to Comply with the Absolute Priority Rule? Not so fast…
    2016-06-29

    In an earlier blog piece we reported on the Third Circuit’s 2015 decision in In re Jevic Holding Corp. where the Court approved a settlement, implemented through a structured dismissal, which allowed junior creditors to receive a distribution prior to senior creditors being paid in full.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mintz, Bond (finance), Bankruptcy, Debtor, Commercial law, American Recovery and Reinvestment Act 2009 (USA), SCOTUS, Trustee
    Authors:
    Eric R. Blythe
    Location:
    USA
    Firm:
    Mintz

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