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    CenterState Bank of Florida assumes deposits of two failed Florida banks
    2010-08-23

    On Friday, the Office of the Comptroller of the Currency closed Community National Bank at Bartow [http://www.occ.treas.gov/ftp/release/2010-101.htm], headquartered in Bartow, Florida, and Independent National Bank, headquartered in Ocala, Florida, and appointed the FDIC as receiver.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Office of the Comptroller of the Currency (USA), Federal Deposit Insurance Corporation (USA)
    Authors:
    Jessica Hartzog
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Rabobank of California assumes deposits of two institutions in California
    2010-08-23

    On Friday, the California Department of Financial Institutions closedButte Community Bank, headquartered in Chico, California, and Pacific State Bank, headquartered in Stockton, California, and appointed the FDIC as receiver for the two banks.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Federal Deposit Insurance Corporation (USA)
    Authors:
    Jessica Hartzog
    Location:
    USA
    Firm:
    Alston & Bird LLP
    River Community Bank of Virginia assumes all deposits of Imperial Savings and Loan Association
    2010-08-23

    On Friday, the Office of Thrift Supervision closed Imperial Savings and Loan Association, headquartered in Martinsville, Virginia, and appointed the FDIC as receiver.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Federal Deposit Insurance Corporation (USA), Office of Thrift Supervision
    Authors:
    Jessica Hartzog
    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)
    Authors:
    Margaret English
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Financial regulatory reform - new orderly liquidation authority of FDIC; and resolution plans
    2010-09-02

    I. Introduction

    Filed under:
    USA, Banking, Capital Markets, Insolvency & Restructuring, Dentons, Bankruptcy, Consumer protection, Board of directors, Federal Reserve Board, Liquidation, Depository institution, Bank holding company, Default (finance), Convertible bonds, US Securities and Exchange Commission, Federal Deposit Insurance Corporation (USA), Federal Reserve (USA), Financial Stability Oversight Council, Lehman Brothers, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Bank Holding Company Act 1956 (USA), US Secretary of the Treasury
    Authors:
    Mark I. Sokolow , Matthew Dyckman , Douglas J. McClintock , Gary L. Goldberg , Eleni Zanias
    Location:
    USA
    Firm:
    Dentons
    FDIC holds first in a series of roundtables on financial reform
    2010-09-01

    On Tuesday, the FDIC held the first in a series of proposed roundtable discussions on the implementation of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, which is intended to bring transparency to the rulemaking process. Government officials, industry executives, academics and investors were invited to participate in the discussion.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Consumer protection, Collateral (finance), Advance healthcare directive, Federal Deposit Insurance Corporation (USA), Federal Reserve (USA), Bear Stearns, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA)
    Authors:
    Martin Dozier
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Dodd-Frank, Title II: where the FDIC and the “orderly liquidation authority” meet the Bankruptcy Code
    2010-08-31

    The FDIC is currently responding to one of the worst financial crises in the history of the nation’s banking system. Sheila Bair, Chairman of the FDIC, expects that 2010 “will be the high water mark for the banking crisis.”1 Just over the last two years, 268 banks have failed in the United States, which is nearly ten times the number of failed banks during the prior eight-year period.2

    Filed under:
    USA, Banking, Insolvency & Restructuring, Morrison & Foerster LLP, Bankruptcy, Shareholder, Board of directors, Government agency, Bailout, Federal Reserve Board, Liquidation, Depository institution, Broker-dealer, Bank holding company, Default (finance), Systemic risk, Federal Deposit Insurance Corporation (USA), Federal Reserve (USA), Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Federal Deposit Insurance Act 1950 (USA)
    Authors:
    Joseph Gabai , Larren M. Nashelsky , Alexandra Steinberg Barrage , Renee L. Freimuth
    Location:
    USA
    Firm:
    Morrison & Foerster LLP
    LBIE administrators extend September 17, 2010 proof of debt submission deadline for Consensual Approach participants
    2010-09-17

    Previously, on June 16, 2010, the Joint Administrators (the “Administrators”) of Lehman Brothers International (Europe) (“LBIE”) announced that they would be testing the feasibility of their so-called Consensual Approach to the resolution of LBIE’s unsecured creditor claims. They anticipated the Consensual Approach would be applicable to financial trading creditors ("FTCs") and conceptually outlined the Consensual Approach as follows:

    Filed under:
    USA, Banking, Insolvency & Restructuring, Schulte Roth & Zabel LLP, Unsecured debt, Dividends, Data, Option (finance), Debt, Precondition, Unsecured creditor, Federal Trade Commission (USA), Lehman Brothers
    Authors:
    Lawrence V. Gelber
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Broader economic woes may have played a part in the court’s decision to dismiss allegations of lender overreaching
    2010-09-13

    American Consolidated Transportation Companies, Inc v RBS Citizens NA (In re American Consolidated Transportation Companies, Inc), Adversary No 10-00154, Bankruptcy No 09-26062 (Bankr ND Ill July 13, 2010)

    CASE SNAPSHOT

    Filed under:
    USA, Illinois, Banking, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Letter of credit, Credit (finance), Debtor, Interest, Swap (finance), Liquidation, Good faith, Cashflow, Default (finance), Secured loan, The Royal Bank of Scotland, United States bankruptcy court
    Authors:
    Brian M. Schenker
    Location:
    USA
    Firm:
    Reed Smith LLP
    Risk losing your first priority lien if you provide superfluous information in the UCC financing statement
    2010-09-13

    In re EDM Corporation, 2010 WL 1929772 (8th Cir BAP May 14, 2010)

    CASE SNAPSHOT

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Reed Smith LLP, Debtor, Collateral (finance), Safe harbor (law), Uniform Commercial Code (USA), Bankruptcy Appellate Panel
    Authors:
    Cory Falgowski
    Location:
    USA
    Firm:
    Reed Smith LLP

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