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    The seller of loan participation interests protected from preference recovery under the ‘conduit theory’
    2011-12-19

    Northern Capital, Inc. v. The Stockton National Bank, et al. (In re Brooke Corporation), 2011 WL 4543484 (Bankr. D. Kan. Sept. 28, 2011)

    CASE SNAPSHOT

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Reed Smith LLP
    Authors:
    Ann E. Pille
    Location:
    USA
    Firm:
    Reed Smith LLP
    Claims under TBA contracts do not qualify as customers’ claims in broker-dealers’ liquidation
    2011-12-19

    Judge James M. Peck of the United States Bank-ruptcy Court for the Southern District of New York on December 8, 2011 issued an opinion on a motion of the Lehman Brothers Inc. (“LBI”) trustee (“Trustee”) to confirm his determination that certain claims relating to settled on delivery-versus-payment “to be announced” (“TBA”) contracts do not qualify as customer claims against the LBI estate and therefore are not entitled to Securities Investor Protection Act (“SIPA”) coverage.

    Filed under:
    USA, Banking, Capital Markets, Insolvency & Restructuring, Litigation, Dechert LLP, Security (finance), Broker-dealer, Lehman Brothers
    Location:
    USA
    Firm:
    Dechert LLP
    Court denies lender’s motion to dismiss Section 547 preference action seeking to avoid valid foreclosure sale
    2011-12-19

    Whittle Development, Inc. v. Branch Banking & Trust Co. et al. (In re Whittle Development Inc.) 2011 WL 3268398 (Bankr. N.D. Tex., July 27, 2011)  

    CASE SNAPSHOT

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Reed Smith LLP, Debtor, Foreclosure, Fair market value
    Authors:
    Ann E. Pille
    Location:
    USA
    Firm:
    Reed Smith LLP
    Bankruptcy Court determines that TBA contracts do not qualify as customer claims
    2011-12-16

    The United States Bankruptcy Court for the Southern District of New York issued a memorandum decision in the Lehman Brothers Inc. (LBI) liquidation proceeding confirming the LBI trustee’s determination that certain claims relating to TBA contracts do not qualify as customer claims against LBI’s estate.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Katten Muchin Rosenman LLP, Mortgage-backed security, Lehman Brothers, United States bankruptcy court, US District Court for the Southern District of New York
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Federal Deposit Insurance Corporation and Treasury Department issue proposed rules for calculation of maximum obligation limitation under Dodd-Frank
    2011-12-16

    On Friday, November 25, 2011, the Federal Deposit Insurance Corporation (the “FDIC”) and the Department of the Treasury (“Treasury”) issued joint proposed rules to implement the requirements of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (the “Act”) described below.  Comments must be received by January 24, 2012.

    Filed under:
    USA, Banking, Capital Markets, Insolvency & Restructuring, Insurance, Williams Mullen, Federal Deposit Insurance Corporation (USA), US Department of the Treasury, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA)
    Authors:
    Edmund "Ed" D. Harllee
    Location:
    USA
    Firm:
    Williams Mullen
    Court finds defendants knowingly waived right to jury trial, affirms such waivers must be clear
    2011-12-19

    Lehman Brothers Holdings, Inc. v. Bethany Holdings Group, LLC, et al., 2011 WL 3427013, (S.D.N.Y. Aug. 5, 2011)

    CASE SNAPSHOT

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Reed Smith LLP, Surety, Waiver, Jury trial, Default (finance), Lehman Brothers
    Authors:
    Kathleen A. Murphy
    Location:
    USA
    Firm:
    Reed Smith LLP
    FDIC treatment of creditor claims under orderly liquidation process
    2011-12-19

    When a traditional nonbanking company files a case under the Bankruptcy Code, a judge is appointed to be the neutral arbiter of disputes that arise between the debtor and its creditors.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Reed Smith LLP, Standard of review, Liquidation, Judicial review, Federal Deposit Insurance Corporation (USA), Financial Stability Oversight Council, Title 11 of the US Code
    Authors:
    Robert P. Simons , Luke A. Sizemore
    Location:
    USA
    Firm:
    Reed Smith LLP
    Court upholds ipso facto clause and default interest rate
    2011-12-19

    In re General Growth Props., Inc., Case No. 09-11977 (ALG), 2011 BL 189724 (Bankr. S.D.N.Y. July 20, 2011)  

    CASE SNAPSHOT

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Debtor, Interest, Default (finance)
    Authors:
    Jeanne S. Lofgren
    Location:
    USA
    Firm:
    Reed Smith LLP
    Financial services legislative and regulatory update - December 19, 2011
    2011-12-19

    Leading the Past Week

    Filed under:
    USA, Banking, Capital Markets, Derivatives, Insolvency & Restructuring, Insurance, Public, Tax, White Collar Crime, Mintz, Holding company, Payroll tax, Commodity Futures Trading Commission (USA), Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA)
    Location:
    USA
    Firm:
    Mintz
    Mortgage holders, mortgage servicers will be significantly affected by recent rule changes
    2011-12-09

    New amendments to the Bankruptcy Rules became effective on December 1, 2011.  These amendments add new requirements and potentially harsh penalties for failure to comply.  An overview of those amendments follows.

    Click here to view the table.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Vorys Sater Seymour and Pease LLP, Bankruptcy, Debtor, Mortgage loan
    Authors:
    Brenda K. Bowers , Randall D. LaTour
    Location:
    USA
    Firm:
    Vorys Sater Seymour and Pease LLP

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