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    Third Circuit applies Rooker-Feldman doctrine to case seeking rescission of a mortgage
    2009-11-16

    On November 12th, the Third Circuit affirmed both bankruptcy and district court findings that, under the Rooker-Feldman doctrine, federal courts lacked subject matter jurisdiction over a claim seeking rescission of a mortgage filed in an adversarial action in federal bankruptcy court after a state court entered a default foreclosure order on that mortgage. The Third Circuit held further that the entry of summary judgment against plaintiff on her Truth in Lending Act claim was proper.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, Mortgage loan, Foreclosure, Default (finance), Subject-matter jurisdiction, Truth in Lending Act 1968 (USA), United States bankruptcy court, Third Circuit
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Failure to provide mortgage note precludes relief from bankruptcy stay
    2012-02-06

    On February 1st, the Tenth Circuit held that Deutsche Bank failed to establish it was a "party of interest" entitled to relief from a bankruptcy petition's automatic stay. After Deutsche Bank's foreclosure of the Millers' home was stayed by the latter's bankruptcy petition, the bank obtained relief from the stay. On appeal, the Tenth Circuit reversed and remanded. The bank failed to provide the original note to the bankruptcy court and did not provide the original or a copy to the bankruptcy appellate panel.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Winston & Strawn LLP, Deutsche Bank, Tenth Circuit
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Undersecured mortgage holder may receive fees and costs in arrearage cure
    2010-09-20

    On September 15th, the Sixth Circuit resolved a conflict among the district courts within the circuit. It held that a bank holding the undersecured home mortgage of a Chapter 13 debtor who is in arrears at the time of filing, is entitled to receive under the Chapter 13 bankruptcy plan fees and costs in the arrearage cure. Deutsche Bank National Trust Co. v. Tucker.  

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, Debtor, Mortgage loan, Deutsche Bank, Sixth Circuit
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    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, Federal Deposit Insurance Corporation (USA), JPMorgan Chase, United States bankruptcy court
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    OCC approves use of shelf charter
    2010-07-26

    On July 16th, the OCC announced that it has approved the use of a shelf charter for the acquisition of a failed bank, allowing NAFH National Bank, Miami, Florida, to acquire two banks in Florida and one in South Carolina. This is the second instance in which a shelf charter was approved for use in such an acquisition. OCC Press Release.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Winston & Strawn LLP
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Living wills
    2011-09-20

    On September 13th, the FDIC voted to approve a final rule to be issued jointly with the Federal Reserve Board that would implement Section 165(d) of the Dodd-Frank Act. That provision requires bank holding companies with assets of $50 billion or more and companies designated as systemic by the Financial Stability Oversight Council to report periodically to the FDIC and the Federal Reserve the company's plan for its rapid and orderly resolution in the event of material financial distress or failure. The Federal Reserve will consider whether to adopt the rule shortly.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Winston & Strawn LLP, Board of directors, Federal Reserve Board, Depository institution, Bank holding company, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Federal Deposit Insurance Corporation (USA), Federal Reserve System, Financial Stability Oversight Council
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Unperfected security interest in an auto is avoidable
    2010-07-12

    On July 2nd, the Sixth Circuit affirmed a bankruptcy court's finding that, under Kentucky law, a bank did not perfect its security interest in an auto loan until that security interest was noted on the title. Because perfection did not occur within 20 days after the debtor received possession of the auto, Section 547(c)(3) of the Bankruptcy Code did not protect the bank's loan from avoidance as a preferential transfer. Branch Banking and Trust Co. v. Brock.

    Filed under:
    USA, Kentucky, Banking, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, Debtor, Sixth Circuit
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    FDIC launches Investor Match Program
    2011-09-12

    On September 7th, the FDIC announced the launch of a new program to encourage small investors and asset managers to partner with larger investors to participate in the FDIC's structured transaction sales for loans and other assets from failed banks. The Investor Match Program will help to facilitate partnerships in order to bring together sources of capital and expertise. Participants in the program will use a customized database to identify potential collaborations, which will be identified at the sole discretion of the participating firms.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Winston & Strawn LLP, Asset management, Federal Deposit Insurance Corporation (USA)
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    First Circuit modifies sanctions awarded against mortgage servicer
    2010-06-21

    On June 14th, the First Circuit modified the bankruptcy court's $250,000 sanction award against a mortgage servicer who erroneously claimed to be the mortgage holder. The mortgage servicer did not deliberately or intentionally seek to mislead the bankruptcy court and its actions were not prejudicial. First Circuit therefore modified the award to $5,000. In re Jacalyn S. Nosek.  

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, Mortgage loan, Prejudice, United States bankruptcy court, First Circuit
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Federal Reserve Board proposes phase-in period for SLHC reporting
    2011-08-29

    On August 22nd, the Federal Reserve Board proposed a two-year phase-in period for most savings and loan holding companies ("SLHCs") to file Federal Reserve regulatory reports with the Board and an exemption for some SLHCs from initially filing Federal Reserve regulatory reports. Under the Dodd-Frank Act, supervisory and rulemaking authority for SLHCs and their non-depository subsidiaries was transferred from the OTS to the Board. The Board previously sought comment on whether to require SLHCs to submit the same reports as bank holding companies.

    Filed under:
    USA, Banking, Capital Markets, Insolvency & Restructuring, Winston & Strawn LLP, Tax exemption, Federal Reserve Board, Holding company, Bank holding company, Subsidiary, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Federal Reserve System
    Location:
    USA
    Firm:
    Winston & Strawn LLP

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