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    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
    Sterns Bank assumes deposits of two Florida banks
    2009-08-08

    Yesterday, as receiver of two failed Florida banks, First State Bank and Community National Bank of Sarasota County, the FDIC entered into a purchase and assumption agreement with Sterns Bank, N.A., St. Cloud, Minnesota, to assume all the deposits of the failed banks. These closings bring the total number of failed bank’s in the nation this year to 71 and 6 in Florida.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Federal Deposit Insurance Corporation (USA)
    Location:
    USA
    Firm:
    Alston & Bird LLP
    FDIC announces next steps in development of Legacy Loan Program through the offer of portfolio of residential mortgage loans receivership assets
    2009-07-31

    Today, the FDIC announced the next steps in further developing the government's Legacy Loan Program (LLP), by testing the LLP program's funding mechanism through the sale of a portfolio of residential mortgage loan receivership assets to a limited liability company (LLC) in exchange for an ownership interest in the LLC.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Interest, Limited liability company, Option (finance), Limited liability partnership, Debt, Mortgage loan, Balance sheet, Portfolio (finance), Cashflow, Leverage (finance), Federal Deposit Insurance Corporation (USA)
    Authors:
    Darren Cooper
    Location:
    USA
    Firm:
    Alston & Bird LLP
    BB&T assumes deposits of colonial bank
    2009-08-14

    Today, in the sixth largest bank failure in U.S.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Federal Deposit Insurance Corporation (USA), US Congress
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Liability considerations for officers and directors of failed FDIC-insured institutions
    2009-08-12

    In light of the possibility that several hundred FDIC-insured banks and thrifts may fail in the next two- to three-year period, many clients and friends of the firm have requested a summary of the legal concerns that arise for officers and directors immediately following the seizure of an institution by the FDIC, as well as steps that may be taken to be better prepared before a failure.

    Filed under:
    USA, Banking, Company & Commercial, Insolvency & Restructuring, Insurance, Venable LLP, Shareholder, Breach of contract, Fiduciary, Board of directors, Negligence, Liability insurance, Subpoena, Gross negligence, Federal Deposit Insurance Corporation (USA)
    Location:
    USA
    Firm:
    Venable LLP
    BBVA compass assumes deposits of Guaranty Bank
    2009-08-21

    Today, Guaranty Bank, headquartered in Austin, Texas, was closed by theOTS and the FDIC was named as receiver.

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

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