Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    Fontainebleau term lenders lack standing to sue revolver lenders
    2010-09-20

    In a May 28, 2010 decision, Judge Alan Gold of the United States District Court for the Southern District of Florida granted a motion to dismiss claims filed against lenders on a revolving loan agreement to the Fontainebleau resort and casino project in Las Vegas. The claims were brought by two term loan lenders for the project, Avenue CLO Fund, which had provided term loan funding, and Aurelius Capital, which had acquired the interests of other term lenders following the project’s bankruptcy.

    Filed under:
    USA, Florida, Banking, Insolvency & Restructuring, Litigation, Chadbourne & Parke LLP, Breach of contract, Standing (law), Public limited company, Casino, Barclays, JPMorgan Chase, Deutsche Bank, Bank of America, United States bankruptcy court
    Authors:
    Thomas J. McCormack
    Location:
    USA
    Firm:
    Chadbourne & Parke 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
    Decision in Custom Food Products looks at requirements for service by mail
    2010-12-09

    Those not familiar with the Federal Rules of Bankruptcy Procedure are often surprised to learn that service by mail is sufficient in a bankruptcy proceeding. Federal Rule of Bankruptcy Procedure 7004(b)(3) authorizes service on a corporation (foreign or domestic) within the United States by first class mail as follows:

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Default judgment, Liquidation, Bank of America, Trustee, United States bankruptcy court
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Set-off and 'special accounts'
    2011-01-19

    Published in The Deal, January 5, 2011

    The recent decision in Bank of America, NA v. Lehman Brothers Holdings, Inc. (In re Lehman Brothers Holdings Inc., et. al.), No. 08-13555, Adv. Pro. No. 08-01753, 2010 Bankr. LEXIS 3867 (Bankr. S.D.N.Y. Nov. 16, 2010) has shone a 10,000-watt spotlight onto the scope of common law set-off in New York.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Proskauer Rose LLP, Debtor, Collateral (finance), Waiver, Beneficiary, Debt, Common law, Bank of America, Lehman Brothers
    Authors:
    Joshua W. Thompson , Steven O. Weise
    Location:
    USA
    Firm:
    Proskauer Rose LLP
    Sixth Circuit bankruptcy panel: replacement lien in post-petition rent is not adequate protection if lender already has lien
    2011-01-14

    The Bankruptcy Appellate Panel for the Sixth Circuit (BAP) recently held that a mortgagee that held a collateral assignment of rents on property in which the debtor had no equity was not adequately protected by cash collateral orders entered by the bankruptcy court that granted the lender a "replacement lien" on post-petition rents.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Bond (finance), Bankruptcy, Debtor, Collateral (finance), Interest, Mortgage loan, Conveyancing, Default (finance), Secured loan, Bank of America, United States bankruptcy court, Sixth Circuit, Bankruptcy Appellate Panel
    Authors:
    Michael H. Reed , Michael J. Custer
    Location:
    USA
    Firm:
    Troutman Pepper
    Self-help setoff in Lehman case deemed impermissible
    2011-02-01

    In Bank of America, N.A. v. Lehman Brothers Holdings Inc., Case No. 08-01753 (Bankr. S.D.N.Y. Nov. 16, 2010), the Bankruptcy Court of the Southern District of New York was called on to decide whether Bank of America, N.A. (“BOA”) effectuated an improper setoff of $500 million shortly after Lehman Brother Holdings Inc. (“Lehman” or “LBHI”) filed its petition on September 15, 2008 (the “Petition Date”), and whether the setoff violated the automatic stay.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Chadbourne & Parke LLP, Bank of America, Lehman Brothers, United States bankruptcy court, US District Court for the Southern District of New York
    Location:
    USA
    Firm:
    Chadbourne & Parke LLP
    Trustee in WL Homes bankruptcy commences preference actions
    2011-02-06

    Introduction

    In January of this year, George L Miller, the chapter 7 trustee (the "Trustee") in the WL Homes bankruptcy, began filing avoidance actions against various creditors. As alleged in the complaints, the Trustee seeks the recovery of what he deems are "preferential transfers" pursuant to 11 U.S.C. section 547(b) of the Bankruptcy Code. This post will look briefly at the WL Homes bankruptcy, as well as provide information on common issues that arise in preference litigation.

    Background on the Bankruptcy Proceeding

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Real Estate, Fox Rothschild LLP, Bankruptcy, Unsecured debt, Liquidation, Joint-stock company, Secured loan, Wells Fargo, Bank of America, Westlaw, US Code, Trustee, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Additional set-off rights against cash collateral accounts - better be clear
    2011-02-18

    Bank of America N.A. v. Lehman Brothers Holdings Inc. and Lehman Brothers Special Financing Inc. 439 B.R. 811 (2010) (U.S. Bankr. Ct., S.D.N.Y.)

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Stikeman Elliott LLP, Bankruptcy, Surety, Collateral (finance), Swap (finance), Debt, Common law, Lehman Brothers cases, Secured loan, Bank of America, Lehman Brothers, US District Court for the Southern District of New York
    Location:
    USA
    Firm:
    Stikeman Elliott LLP
    Recent decision limits utilization of non-consenting secured creditor's cash collateral
    2011-02-28

    The ability of a single asset real estate debtor in a bankruptcy case to utilize a non-consenting secured creditor's cash collateral has been limited by a recent decision from the Bankruptcy Appellate Panel of the Sixth Circuit in In re Buttermilk Towne Center, LLC, 2010 FED App. 0010P (B.A.P. 6th Cir. 2010).

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Porter Wright Morris & Arthur LLP, Bankruptcy, Costs in English law, Debtor, Collateral (finance), Federal Reporter, Limited liability company, Secured creditor, Attorney's fee, Bank of America, United States bankruptcy court, Sixth Circuit, Bankruptcy Appellate Panel
    Authors:
    Tami Hart Kirby
    Location:
    USA
    Firm:
    Porter Wright Morris & Arthur LLP
    District Court denies distressed funds the right to vote on bankruptcy plan
    2014-05-05

    The US District Court for the Western District of Washington (the "District Court") recently affirmed a bankruptcy court decision that prohibited a transferee of a secured lender's interest in a loan from voting on a debtor's plan of reorganization on the grounds that such transferee, a distressed debt investor, was not an Eligible Assignee under the applicable loan agreement.Meridian Sunrise Village, LLC v. NB Distressed Debt Investment Fund Ltd., et al., No. 13-5503 (W.D. Wash. March 6, 2014) (In re Meridian Sunrise Village, LLC).

    Background

    Filed under:
    USA, Washington, Banking, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Commercial bank, Interest, Distressed securities, Bank of America, United States bankruptcy court, US District Court for Western District of Washington
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • Page 1
    • Current page 2
    • Page 3
    • Page 4
    • Page 5
    • Page 6
    • Page 7
    • Page 8
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days