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    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
    Federal responses to the financial crisis during the week of September 14
    2008-09-19

    Over the past two weeks, the federal government has relied on nearly every legal authority available to address the unfolding crisis in financial institutions with large mortgage-related holdings — direct and indirect financial assistance, government takeovers and even a decision to let the bankruptcy process run its course have all come into play. Today, several new actions have been announced, together with proposals that would require Congressional action.

    Filed under:
    USA, Banking, Capital Markets, Insolvency & Restructuring, Alston & Bird LLP, Collateral (finance), Security (finance), Market liquidity, Bailout, Federal Reserve Board, Liquidation, Mortgage-backed security, Commercial paper, US Securities and Exchange Commission, US Department of the Treasury, American International Group, Federal Reserve System, Bank of America, Merrill Lynch, Lehman Brothers
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Court approval of cross-border DIP financing guarantees
    2010-05-11

    InterTAN Canada Ltd (“InterTAN”) is a wholly owned subsidiary of US based Circuit City Store, Inc. (“Circuit City”), a consumer electronics retailer. In Canada, InterTAN operates retail stores under the trade name “The Source by Circuit City”. Prior to Circuit City's filing under Chapter 11 of the United States Bankruptcy Code, InterTAN was a borrower under a syndicated credit facility between Circuit City, certain U.S. affiliates, InterTAN, Bank of America NA, as agent, and certain other loan parties (the “Secured Credit Facility”).

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Dentons, Retail, Credit (finance), Surety, Debtor, Unsecured debt, Liquidation, Stakeholder (corporate), Subsidiary, Companies' Creditors Arrangement Act 1933 (Canada), Bank of America
    Location:
    Canada
    Firm:
    Dentons
    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
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    FIRREA redux
    2010-05-03

    On April 26th, the Eleventh Circuit held that the anti-injunction provision of the Financial Institutions Reform, Recovery and Enforcement Act prohibits a federal district court from enjoining the FDIC. A trial court had initially imposed a TRO against a failing bank prohibiting it from taking any action with respect to $1 billion worth of mortgage proceeds it held in trust for petitioner, Bank of America, who held legal title. When the FDIC was appointed receiver, the FDIC moved to dissolve the TRO. The trial court refused converting the TRO into a preliminary injunction.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Injunction, Preliminary injunction, Mortgage loan, Federal Deposit Insurance Corporation (USA), Bank of America, Eleventh Circuit
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Lehman Brothers Court Holds Swap Safe Harbor Protects ‘Flip’ Transactions
    2016-07-08

    The bankruptcy court overseeing the Lehman Brothers chapter 11 cases rejected efforts by Lehman Brothers Special Financing Inc. (LBSF) to recover roughly $1 billion in payments made to numerous noteholder defendants from the liquidation of collateral originally pledged to secure both obligations under notes issued by special purpose entities and credit default swap (CDS) obligations to LBSF, holding that the termination of the swap and liquidation and distribution of the collateral were protected by the Bankruptcy Code’s safe harbor.

    Filed under:
    USA, Capital Markets, Derivatives, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Bankruptcy, Collateral (finance), Safe harbor (law), Swap (finance), Liquidation, Default (finance), Credit default swap, Title 11 of the US Code, Bank of America, Lehman Brothers, United States bankruptcy court, US District Court for SDNY
    Authors:
    Jeff J. Friedman
    Location:
    USA
    Firm:
    Katten Muchin Rosenman 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, Bank of America, United States bankruptcy court
    Authors:
    Craig A. Barbarosh , Karen B. Dine , Darius J. Goldman
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Federal Reserve and FDIC announce disclosure and evaluation timetable for first living wills
    2012-06-29

    The Federal Deposit Insurance Corporation (FDIC) and the Federal Reserve Board announced the process for receiving and evaluating the initial resolution plans--also known as living wills--from the largest banking organizations operating in the United States. The agencies also gave a timetable for release of the public portion of such plans, which are due on July 2.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Katten Muchin Rosenman LLP, Consumer protection, Federal Reserve Board, Bank holding company, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Federal Deposit Insurance Corporation (USA), Federal Reserve System, Bank of America, Financial Stability Oversight Council, Citibank
    Authors:
    Jeffrey M. Werthan
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP

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