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
    Are hedge funds “financial institutions”? – an analysis of Meridian Sunrise Village, LLC v. NB Distressed Debt Investment Fund Ltd.
    2014-04-16

    In a recent decision that has captured the attention of the U.S. secondary loan market, the United States District Court for the Western District of Washington starkly concluded that hedge funds “that acquire distressed debt and engage in predatory lending” were not eligible buyers of a loan under a loan agreement because they were not “financial institutions” within the Court’s understanding of the phrase.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Richards Kibbe & Orbe LLP, Commercial bank, Hedge funds, Leverage (finance), Bank of America
    Authors:
    Paul B. Haskel
    Location:
    USA
    Firm:
    Richards Kibbe & Orbe 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
    Authors:
    Paul M. Cushing , Ginger R. Burton
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Financial services update March 31 2014 industry news
    2014-03-31

    Goldman Sachs RMBS Lawsuit Moves Forward.

    On March 28, Bloomberg reported that a U.S. District Judge in Manhattan declined to dismiss a securities lawsuit over residential mortgage-backed securities Goldman Sachs sold in 2007, noting that an appellate decision overturning her findings in a related case had altered the legal landscape. RMBS Suit.

    Filed under:
    USA, Banking, Capital Markets, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Security (finance), Mortgage-backed security, Bank of America, Goldman Sachs
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    California Bankruptcy Court holds junior lienholder liable for payments debtors made to senior lienholder as preferential transfers
    2014-03-05

    Section 547 of the Bankruptcy Code allows a bankruptcy trustee to recover transfers from creditors that are labeled “preferences.” To avoid a transfer as a preference, the trustee must generally demonstrate that the transfer: (1) was of an interest of the debtor in property, (2) was made to or for the benefit of a creditor, (3) was made on account of an antecedent debt owed by the debtor, (4) was made while the debtor was insolvent, (5) was made within 90 days before the petition date (within a year if the creditor was an insider) and (6) enabled the creditor to receive more than the c

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, Snell & Wilmer LLP, Debtor, Bank of America, United States bankruptcy court
    Authors:
    Bob L. Olson , Charles E. Gianelloni
    Location:
    USA
    Firm:
    Snell & Wilmer LLP
    Business restructuring review
    2014-02-04

    THE YEAR IN BANKRUPTCY: 2013
    Charles M. Oellermann and Mark G. Douglas
    The eyes of the financial world were on the U.S. during 2013. The view was dismaying
    and encouraging in roughly equal parts. The U.S. rang in the new year with a postlast-
    minute deal to avoid the Fiscal Cliff that kicked negotiations over “sequestration”—$
    110 billion in across-the-board cuts to military and domestic spending—two
    months down the road, but raised income taxes (on the wealthiest Americans) for
    the first time in two decades.

    Filed under:
    USA, Insolvency & Restructuring, Jones Day, Debt, JPMorgan Chase, Bank of America
    Authors:
    Charles M. Oellermann , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Debtor’s claim against lender and special servicer for breaching duty to act in good faith and to deal fairly survives motion to dismiss
    2013-10-15

    In Burcam Capital II, LLC v. Bank of America, N.A., et al, No. 13-00063-8 (Bankr. E.D. N.C. Oct. 1, 2013), an adversary proceeding filed in In re: Burcam Capital II, LLC, No. 12-04729-8, in the United States Bankruptcy Court for the Eastern District of North Carolina, the court held that the Debtor Plaintiff alleged sufficient facts to support a claim that its lender and the special servicer of the loan breached their duty to act in good faith and to deal fairly.

    Filed under:
    USA, North Carolina, Banking, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Good faith, Bank of America, United States bankruptcy court
    Authors:
    Lorraine Sarles
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Not so secret - when under seal isn't enough
    2013-05-10

    In a recent decision1, the United States Bankruptcy Court for the Southern District of New York found the standard for sealing under § 107 of the Bankruptcy Code was not met and declined to seal a settlement agreement, despite requests from the Chapter 7 trustee (the "Trustee") and the counterparties to the settlement agreement to do so. Confidentiality was an essential condition of the settlement. In addition, the United States trustee supported the motion to seal, arguing that the standard for sealing had been met.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Lowenstein Sandler LLP, Subpoena, Deutsche Bank, Bank of America, BlackRock, United States bankruptcy court
    Authors:
    Sharon L. Levine , Michael Savetsky , Shirley Dai
    Location:
    USA
    Firm:
    Lowenstein Sandler LLP
    Second Circuit rejects edge act jurisdiction in AIG RMBS case
    2013-04-22

    On April 19, the Second Circuit ruled that a lawsuit brought by American International Group (AIG) against several Bank of America entities involving alleged fraud in connection with $28 billion in RMBS had been improperly removed from state to federal court.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Orrick, Herrington & Sutcliffe LLP, Remand (court procedure), American International Group, Bank of America, Second Circuit
    Location:
    USA
    Firm:
    Orrick, Herrington & Sutcliffe LLP
    Ownership of Chapter 11 debtors can’t be retained without competition and credit bidding
    2013-04-15

    Owners of Chapter 11 bankruptcy debtors have long devised schemes to try to hold on to their ownership interests while stiffing the debtors’ creditors. In the past, owners attempted to do this by proposing reorganization plans that paid creditors only a portion of what they are owed while selling all of the equity in the reorganized debtor to the owner for a nominal new investment.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Thompson Coburn LLP, Debtor, Bank of America
    Authors:
    Jeffrey R. Fink
    Location:
    USA
    Firm:
    Thompson Coburn LLP
    Seventh Circuit extends competition rule to insider in new-value reorganization plan
    2013-02-20

    The U.S. Court of Appeals for the Seventh Circuit, on Feb. 14, 2013, held that an insider of a Chapter 11 partnership debtor cannot avoid the “competition rule” in a new-value reorganization plan. The debtor’s equity owner arranged for his wife, also an “insider,” to contribute new value to obtain the equity of the reorganized debtor. In re Castleton Plaza, LP, — F.3d –––, 2013 WL 537269 at *1 (7th Cir., Feb. 14, 2013).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Debtor, Bank of America, United States bankruptcy court, Seventh Circuit
    Authors:
    Michael L. Cook , Lawrence V. Gelber , Karen S. Park
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • Page 1
    • Page 2
    • Current 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