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    Lehman estate sues Barclays over "windfall profits"
    2009-11-17

    Yesterday, the bankrupt estate of Lehman Brothers Holdings, Inc. (Lehman) sued Barclays Capital, Inc.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Punitive damages, Bankruptcy, Collateral (finance), Fiduciary, Margin (finance), Liability (financial accounting), Broker-dealer, Barclays, Lehman Brothers
    Authors:
    Darren Cooper
    Location:
    USA
    Firm:
    Alston & Bird LLP
    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
    Recent significant commercial bankruptcy filings
    2009-11-16

    Masuda Funai routinely represents creditors in bankruptcy proceedings in order to protect their contractual and legal interests and rights to payment. The following is a list of some recent larger U.S. bankruptcy filings in various industries. To the extent you are a creditor to any of these debtors, or other entities which may have filed for bankruptcy protection, you as a creditor are entitled to certain protections under the Bankruptcy Code.

    AUTOMOTIVE

    Filed under:
    USA, Insolvency & Restructuring, Masuda Funai Eifert & Mitchell Ltd, Credit card, Bankruptcy, Debtor, Unsecured debt, Ally Financial, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Reinhold F. Krammer
    Location:
    USA
    Firm:
    Masuda Funai Eifert & Mitchell Ltd
    Business reorganization & bankruptcy shareholders and of counsel
    2009-11-13

    Retail Seminar Business In re Telligenix Corporation (Bankr. M.D. Fla.) Case no. 09-15238

    Filed under:
    USA, Insolvency & Restructuring, Greenberg Traurig LLP, Bankruptcy, Retail, Debtor, Accounts receivable, Marketing, Limited liability company, Personal property, Foreclosure
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    Opportunities in distressed real estate assets
    2009-11-13

    Residential Lots in Mississippi In re South Marsh Developers, LLC(Bankr. N.D. Fla.) Case no. 09-32148

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Greenberg Traurig LLP, Bankruptcy, Retail, Debtor, Accounts receivable, Limited liability company, Personal property
    Authors:
    Robert J. Ivanhoe
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    Second Circuit allows post-bankruptcy legal fees based on pre-bankruptcy indemnity agreement
    2009-11-13

    The United States Court of Appeals for the Second Circuit held on Nov. 5, 2009, that a creditor was entitled to its post-bankruptcy legal fees incurred on a pre-bankruptcy indemnity agreement. Ogle v. Fid. & Deposit Co. of Md., __F.3d __, No. 09-0691-bk, 2009 U.S. App. LEXIS 24329 (2d Cir. Nov. 5, 2009). Affirming the lower courts, the Second Circuit explained that the Bankruptcy Code (“Code”) “interposes no bar . . . to recovery.” Id. at *8-9 (citing Travelers Cas. & Sur. Co. of Am. v. Pac. Gas & Elec. Co., 549 U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Bankruptcy, Debtor, Federal Reporter, Default (finance), Substantive law, Attorney's fee, Unsecured creditor, Eighth Circuit, Second Circuit, Ninth Circuit
    Authors:
    Michael L. Cook , Lawrence V. Gelber , Adam C. Harris , David M. Hillman , Brian D. Pfeiffer
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Federal Reserve Governor Tarullo considers regulation of large institutions
    2009-11-11

    Yesterday, Daniel K. Tarullo, a governor of the Federal Reserve System, continued his vigorous speaking schedule with a speech at the Institute of International Bankers Conference on Cross-Border Insolvency Issues in New York.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Shareholder, Advance healthcare directive, Federal Reserve (USA), US House Committee on Financial Services
    Authors:
    Andrea L. Parisi
    Location:
    USA
    Firm:
    Alston & Bird LLP
    FDIC Chairman Sheila Bair addresses the Institute of International Bankers conference
    2009-11-11

    Yesterday, FDIC Chairman Sheila Bair, the keynote speaker at the Institute of International Bankers Cross-Border Insolvency Issues Conference in New York, stressed the need to end the “too big to fail” mentality by “eliminating the belief that the government will always support large, interconnected financial firms.” Chairman Bair noted that in order to do so, “we need an effective mechanism to close large, financial intermediaries when they get into trouble.”

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Market liquidity, Holding company, Depository institution, Deposit insurance, Capital requirement, Federal Deposit Insurance Corporation (USA)
    Authors:
    Maureen Whalen
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Commercial shopping center: In re Lilburn Marketplace, LLC
    2009-11-20

    Lilburn Marketplace, LLC recently filed for Chapter 11 bankruptcy, and, although no sale has been announced, the Debtor’s assets may be available for acquisition under the right circumstances. The Debtor is engaged in the business of operating a commercial shopping center and currently has unexpired leases with nine tenants. The Debtor’s real property is a commercial shopping center located at 4805 Lawrenceville Highway in Lawrenceville, Georgia, valued at $12,864,695. The Debtor’s personal property includes accounts receivable of approximately $220,000.

    Filed under:
    USA, Insolvency & Restructuring, Real Estate, Greenberg Traurig LLP, Bankruptcy, Debtor, Leasehold estate, Accounts receivable, Limited liability company, Personal property
    Authors:
    Robert J. Ivanhoe
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    CIT announces reorganization plan solicitation results
    2009-11-20

    CIT Group Inc.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Debt, Voting, Solicitation, Election, Brokerage firm
    Authors:
    Andrea L. Parisi
    Location:
    USA
    Firm:
    Alston & Bird LLP

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