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    Bankruptcy court allows collateral agent to credit bid without 100% approval of senior lenders in same facility
    2009-04-28

    In a recent decision, the Bankruptcy Court for the District of Delaware allowed the collateral agent for senior lenders to credit bid for the debtors’ assets even though all of the senior lenders had not authorized the bid. One of the senior lenders had objected to the group’s acquisition of the debtors’ assets by the credit bid. In re GWLS Holdings, Inc., 2009 WL 453110 (Bankr. D. Del. Feb. 23, 2009) (Walsh, J.).

    Filed under:
    USA, Delaware, Banking, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Bankruptcy, Credit (finance), Debtor, Collateral (finance), Waiver, Consent, Line of credit, Secured creditor, Secured loan, Title 11 of the US Code, Uniform Commercial Code (USA), Delaware Supreme Court, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Adam C. Harris , David M. Hillman , Lawrence V. Gelber , Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Chrysler bankruptcy judge approves GMAC as preferred lender for dealers
    2009-05-13

    Yesterday, U.S. Bankruptcy Judge Arthur Gonzalez approved a motion by Chrysler LLC requesting that GMAC LLC become the preferred lender for its dealer network, and be permitted to provide wholesale, retail and other product-related financing for Chrysler dealers and customers to purchase vehicles.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bankruptcy, Retail, Collateral (finance), Limited liability company, Consent, Preferred stock, Ally Financial, Chrysler
    Authors:
    Anjali Desai
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Additional risks landlords should consider when taking letters of credit from commercial lease tenants
    2009-05-25

    In the last decade, commercial landlords have favored obtaining from tenants standby letters of credit over security deposits because standby letters of credit provided added security in the event of a tenant’s bankruptcy.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Real Estate, Pillsbury Winthrop Shaw Pittman LLP, Bankruptcy, Letter of credit, Credit (finance), Landlord, Leasehold estate
    Location:
    USA
    Firm:
    Pillsbury Winthrop Shaw Pittman LLP
    OCC closes Citizens National Bank
    2009-05-22

    Today, the Office of the Comptroller of the Currency closed Citizens National Bank, headquartered in Macomb, Illinois, and the FDIC was appointed receiver.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Share (finance), Office of the Comptroller of the Currency (USA), Federal Deposit Insurance Corporation (USA)
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Investor consortium acquires BankUnited with FDIC assistance
    2009-05-21

    Today, after an extended auction, the OTS closed BankUnited, FSB, headquartered in Coral Gables, Florida and named theFDIC as receiver.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Share (finance), Interest, Investment management, Limited liability company, Limited partnership, Consortium, Depository institution, Federal Deposit Insurance Corporation (USA)
    Location:
    USA
    Firm:
    Alston & Bird LLP
    The GGP case—what it means for lenders
    2009-06-03

    On April 16, General Growth Properties, Inc. and certain of its affiliates (“GGP”) filed for Chapter 11 bankruptcy in the United States Bankruptcy Court for the Southern District of New York. GGP operates a national network of approximately 200 shopping centers. To the surprise of many, most of GGP’s property-specific SPE subsidiaries (“SPE Debtors”) also filed for bankruptcy.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Katten Muchin Rosenman LLP, Bankruptcy, Debtor, Collateral (finance), Fiduciary, Debt, Credit risk, Mortgage loan, Foreclosure, Real estate investment trust, Maturity (finance), Cashflow, Subsidiary, Secured loan, United States bankruptcy court
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Three bank failures: Southern Community Bank, Cooperative Bank and First National Bank of Anthony
    2009-06-19

    Earlier today, the FDIC was appointed as receiver of three banks: Southern Community Bank, Cooperative Bank and First National Bank of Anthony, bringing the total number of bank failures in the nation this year to 40.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Share (finance), Federal Deposit Insurance Corporation (USA)
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Credit CARD Act of 2009 favors credit counseling agencies approved for bankruptcy counseling
    2009-06-19

    On May 22, 2009, President Obama signed into law the Credit Card Accountability Responsibility and Disclosure Act of 2009 (the “Credit CARD Act of 2009” or the “Act”), Public Law No: 111-24. The Act is intended to crackdown on certain credit card practices perceived as abusive – such as retroactive interest rate increases, "double cycle" billing and the offering of "fee harvester" cards. For credit counseling agencies and those that advertise and market debt management plan services to consumers, the Act is notable in three primary ways:

    Filed under:
    USA, Banking, Insolvency & Restructuring, Non-profit Organizations, Venable LLP, Tax exemption, Credit card, Bankruptcy, Credit (finance), Debtor, Education, Federal Reserve Board, 501(c) organisation, US Department of Justice, Government Accountability Office, US Code, Title 11 of the US Code, Internal Revenue Code (USA), Trustee
    Authors:
    Jonathan L. Pompan
    Location:
    USA
    Firm:
    Venable LLP
    Financial Crisis Advisory Group issues report on accounting standard setting
    2009-07-30

    Tuesday, the Financial Crisis Advisory Group (FCAG) issued its report on “the standard-setting implications of

    Filed under:
    USA, Banking, Capital Markets, Insolvency & Restructuring, Alston & Bird LLP, Accounting, Due process, FSAB, International Accounting Standards Board
    Authors:
    Joseph Bolling
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Home Federal Bank assumes deposits of Community First Bank
    2009-08-08

    Yesterday, the Oregon Division of Finance & Corporate Securities closed Community First Bank, Prineville, Oregon, and named the FDIC as receiver.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Security (finance), Federal Deposit Insurance Corporation (USA)
    Location:
    USA
    Firm:
    Alston & Bird LLP

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