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    Arizona insurance department places PMI Mortgage Insurance Company into receivership
    2011-11-08

    On October 20, 2011, the Director of the Arizona Department of Insurance filed a Complaint to place PMI Mortgage Insurance Company (PMI) into receivership in Arizona. In an interim Order, the court required the director, as Receiver, to take possession and control of PMI, which had been under the formal supervision of the insurance department since August 19, 2011. The court also directed that certain related affiliates of PMI be placed under administrative supervision.

    Filed under:
    USA, Arizona, Banking, Insolvency & Restructuring, Insurance, Reed Smith LLP, Bankruptcy, Debtor, Interest, Debt, Mortgage loan, Liability (financial accounting), Reinsurance, Liquidation, Default (finance), Form 8-K, Delaware General Corporation Law, United States bankruptcy court
    Location:
    USA
    Firm:
    Reed Smith LLP
    Are foreclosure sales final?
    2011-10-31

    Whittle Development, Inc. v. Branch Banking & Trust Co.

    Filed under:
    USA, Texas, Banking, Insolvency & Restructuring, Litigation, Real Estate, LeClairRyan, Credit (finance), Debtor, Collateral (finance), Debt, Foreclosure, Liquidation, Default (finance), Debtor in possession, Title 11 of the US Code, Supreme Court of the United States, United States bankruptcy court, US District Court for Northern District of Texas
    Location:
    USA
    Firm:
    LeClairRyan
    Allstate RMBS suit against Credit Suisse remanded to New York State Court
    2011-10-31

    Judge Buchwald of the U.S.

    Filed under:
    USA, New York, Banking, Capital Markets, Insolvency & Restructuring, Litigation, Orrick, Herrington & Sutcliffe LLP, Bankruptcy, Remand (court procedure), Credit Suisse
    Location:
    USA
    Firm:
    Orrick, Herrington & Sutcliffe LLP
    Massachusetts Attorney General criticizes multistate settlement efforts over banks' foreclosure practices
    2011-10-31

    Dissatisfied with the ongoing multistate and federal efforts to reach a settlement agreement with major U.S. banks over unlawful foreclosure practices, Massachusetts Attorney General Martha Coakley indicated that her office was independently preparing to file several lawsuits. A number of U.S. states, along with the U.S. Department of Justice, have accused the five largest mortgage servicers, Bank of America Corp., Citigroup Inc., JPMorgan Chase & Co., Ally Financial and Wells Fargo & Co., of failing to follow proper foreclosure procedures.

    Filed under:
    USA, Massachusetts, Banking, Insolvency & Restructuring, Sedgwick LLP, Mortgage loan, Foreclosure, US Department of Justice, Wells Fargo, JPMorgan Chase, Bank of America, Ally Financial, Citigroup, New York Attorney General, Massachusetts Attorney General, California Attorney General
    Authors:
    Eric C. Scheiner , Jennifer Q. Broda , Thomas R. Orofino , Jennifer Hamilton , Matthew M. Ferguson
    Location:
    USA
    Firm:
    Sedgwick LLP
    Mortgage company in Philadelphia, Pennsylvania
    2011-10-13

    In re Gelt Financial Corporation (Bankr. E.D. Pa.) Case no. 11-15827

    Filed under:
    USA, Pennsylvania, Banking, Insolvency & Restructuring, Litigation, Real Estate, Greenberg Traurig LLP, Bankruptcy, Debtor, Mortgage loan, Default (finance)
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    Computer developer in Madison, Wisconsin
    2011-10-13

    In re MicroBlade, LLC (Bankr. W.D. Wis.) Case no. 11-14981

    Filed under:
    USA, Wisconsin, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Patents, Telecoms, Trademarks, Greenberg Traurig LLP, Bankruptcy, Debtor, Patent infringement, Accounts receivable, Limited liability company, Personal property
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    Dodd-Frank Wall Street Reform and Consumer Protection Act: Federal Deposit Insurance Corporation approves final rules regarding resolution plans
    2011-10-13

    On September 13, 2011, the Federal Deposit Insurance Corporation (the “FDIC”) approved a final rule (the “Final Rules”) to be issued jointly by the FDIC and the Board of Governors of the Federal Reserve System (the “Board”) intended to implement section 165(d) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”) which requires each non-bank financial company supervised by the Board and each bank holding company with assets of US$50 billion or more (each, a “Covered Company”)1 to report periodically to the Board, the FDIC and the Financial Stability Oversig

    Filed under:
    USA, Banking, Insolvency & Restructuring, White & Case, Consumer protection, Federal Reserve Board, Bank holding company, Federal Deposit Insurance Corporation (USA), Federal Reserve (USA), Financial Stability Oversight Council, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA)
    Location:
    USA
    Firm:
    White & Case
    Massachusetts high cost home loan law is preempted by TILA, court rules
    2011-09-30

    The U.S. Bankruptcy Court for the District of Massachusetts ruled that the Massachusetts Predatory Home Loan Practices Act, Chapter 183C of the General Laws of Massachusetts, is preempted by the high cost home loan provisions of the federal Truth in Lending Act (“TILA”) for federally chartered depository institutions. The July 27 ruling came in a case brought by Massachusetts residents who had jointly received a home mortgage loan from a national bank.

    Filed under:
    USA, Massachusetts, Banking, Insolvency & Restructuring, Litigation, Nutter McClennen & Fish LLP, Federal preemption, Tax exemption, Credit (finance), Consumer protection, Mortgage loan, Depository institution, US Federal Government, Federal Reserve (USA), Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Truth in Lending Act 1968 (USA), Supreme Court of the United States, United States bankruptcy court, US District Court for District of Massachusetts
    Authors:
    Kenneth F. Ehrlich , Michael K. Krebs
    Location:
    USA
    Firm:
    Nutter McClennen & Fish LLP
    Novel bankruptcy claim allows Florida HOA to collect surcharge from first mortgagees
    2011-09-28

    If there was such a contest, the 232-unit Spa at Sunset Isles would be in the running for "worst case scenario" condo-conversion.  Here is a summary of the development's situation as it existed in late 2010:  

    Filed under:
    USA, Florida, Banking, Insolvency & Restructuring, Litigation, BakerHostetler, Bankruptcy, Costs in English law, Debt, Mortgage loan, Foreclosure, Condominium, Westlaw
    Authors:
    David B. Waller
    Location:
    USA
    Firm:
    BakerHostetler
    Bankruptcy Court denies confirmation of WaMu’s plan of reorganization
    2011-09-23

    Sending the Debtors back to the drawing board after almost three years in bankruptcy, in a 139 page opinion, the Bankruptcy Court has for the second time denied confirmation of the Plan of Reorganization for Washington Mutual, Inc. (“WaMu”), which was the owner of the largest savings bank ever to be seized by the FDIC.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Confidentiality, Bankruptcy, Debtor, Unsecured debt, Interest, Insider trading, Liability (financial accounting), Mediation, Materiality (law), Federal Deposit Insurance Corporation (USA), JPMorgan Chase, United States bankruptcy court
    Location:
    USA
    Firm:
    Winston & Strawn LLP

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