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    GBC International Bank assumes all of the deposits of Shoreline Bank
    2010-10-03

    On Friday, the Washington Department of Financial Institutions closed Shoreline Bank, headquartered in Shoreline, Washington, and appointed the FDIC as receiver. As receiver, the FDIC entered into a purchase and assumption agreement with GBC International Bank, headquartered in Los Angeles, California, to assume all of the deposits of the failed bank.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, US Federal Government, Federal Deposit Insurance Corporation (USA)
    Authors:
    Joseph Bolling
    Location:
    USA
    Firm:
    Alston & Bird 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
    FDIC board issues proposed rule on Dodd-Frank resolution authority
    2010-10-12

    The Board of Directors of the Federal Deposit Insurance Corporation, or FDIC, voted on Friday, October 8, 2010, to approve a proposed rule clarifying how the agency would treat certain creditor claims under the new orderly liquidation authority established under the Dodd-Frank Wall Street Reform and Consumer Protection Act.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Stinson LLP, Consumer protection, Unsecured debt, Collateral (finance), Board of directors, Market liquidity, Debt, Liquidation, Subordinated debt, Federal Deposit Insurance Corporation (USA), Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Title 11 of the US Code, Federal Deposit Insurance Act 1950 (USA)
    Authors:
    Stephen M. Quinlivan
    Location:
    USA
    Firm:
    Stinson LLP
    Trading bankruptcy claims: are your counterparty’s promises enforceable?
    2010-10-07

    T he recent surge in activity in the claims trading market in the wake of Lehman Brothers and other high-profile bankruptcies has created a backlog of open trades and heightened price volatility. This is a perilous combination. The lack of standardized trading documentation and uniform trading conventions, as well as the dramatic influx of new counterparties into the claims market, are factors that have contributed to longer settlement timeframes and increased uncertainty in the market.

    Filed under:
    USA, Banking, Capital Markets, Insolvency & Restructuring, Richards Kibbe & Orbe LLP, Bankruptcy, Safe harbor (law), Swap (finance), Consideration, Debt, Lehman Brothers
    Authors:
    Jon Kibbe , H. Rowan Gaither IV
    Location:
    USA
    Firm:
    Richards Kibbe & Orbe LLP
    Subordination is not synonymous with silence
    2010-10-19

    When we last left off, Judge Peck (SDNY) was foiling Cyrus Select Opportunities’ efforts to oppose Ion Media’s chapter 11 plan, while in the Northern District of Texas, Judge Jernigan was putting the stops on Michigan Retirement Systems’ attempt to thwart Erickson Retirement Communities’ allocation of value to PNC Bank

    Filed under:
    USA, New York, Banking, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Bracewell LLP, Standing (law), US District Court for the Southern District of New York, US District Court for Northern District of Texas
    Location:
    USA
    Firm:
    Bracewell LLP
    FDIC proposed rule on Dodd-Frank Resolution Authority
    2010-10-18

    On October 12, the FDIC issued a notice of proposed rulemaking for a rule clarifying how the FDIC would treat certain creditor claims under the new liquidation authority, established under the Dodd-Frank Act, for financial companies whose insolvency would pose a significant risk to the financial stability of the United States.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Orrick, Herrington & Sutcliffe LLP, Board of directors, Federal Register, Liquidation, Federal Deposit Insurance Corporation (USA), Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA)
    Location:
    USA
    Firm:
    Orrick, Herrington & Sutcliffe LLP
    Simmons First National Bank assumes all of the deposits of Security Savings Bank, F.S.B.
    2010-10-17

    On Friday, the Office of Thrift Supervision closed Security Savings Bank, F.D.B., headquartered in Olathe, Kansas, 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:
    David E Brown
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Midland States Bank assumes all of the deposits of WestBridge Bank and trust company
    2010-10-17

    On Friday, the Missouri Division of Finance closed WestBridge Bank, headquartered in Chesterfield, Missouri, and appointed the FDIC as receiver.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Federal Deposit Insurance Corporation (USA)
    Authors:
    David E Brown
    Location:
    USA
    Firm:
    Alston & Bird LLP
    FDIC proposes orderly liquidation rules
    2010-10-13

    Earlier today, the FDIC announced that the FDIC Board of Directors voted on Friday, October 8, 2010 to approve the issuance of a notice of proposed rulemaking (NPR) regarding the treatment of certain creditor claims under the FDIC’s new orderly liquidation authority established under Title II of the

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Bond market, Letter of credit, Unsecured debt, Collateral (finance), Board of directors, Market liquidity, Liquidation, Holding company, Subsidiary, Subordinated debt, US Federal Government, Federal Deposit Insurance Corporation (USA), Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA)
    Authors:
    Sean Doherty
    Location:
    USA
    Firm:
    Alston & Bird LLP
    FDIC begins action on its super-resolution rules for Covered Financial Companies
    2010-10-20

    Title II of the Dodd-Frank Act establishes a new non-judicial receivership al-ternative for resolving troubled financial companies that could threaten the stability of the U.S. financial system (“Covered Financial Companies”), as described further below. The Federal Deposit Insurance Corporation (“FDIC”), on October 12, 2010, issued a notice of proposed rulemaking (the “Proposal”) to begin to implement the provisions of Title II.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Dechert LLP, Bond (finance), Bankruptcy, Discrimination, Debt, Liquidation, Depository institution, Bank holding company, US Federal Government, Federal Deposit Insurance Corporation (USA), US Congress, American Bankers Association, Financial Stability Oversight Council, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Title 11 of the US Code
    Authors:
    Thomas P. Vartanian , Glenn E. Siegel , Robert H. Ledig
    Location:
    USA
    Firm:
    Dechert LLP

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