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    CFTC proposes new rules regarding operation of commodity brokers in bankruptcy
    2009-12-18

    The Commodity Futures Trading Commission is proposing to amend its Bankruptcy Rules to permit the trustee for a bankrupt futures commission merchant to continue to operate the business of the commodity broker in the ordinary course for a limited period of time.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Katten Muchin Rosenman LLP, Bankruptcy, Commodity, Commodity broker, Consideration, Liquidation, US Securities and Exchange Commission, Commodity Futures Trading Commission (USA), Trustee
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Do the recent rulings in the general growth properties bankruptcy spell doom for equipment debt securitizations?
    2009-12-18

    Not necessarily so, according to the recent rulings of Southern District of New York Bankruptcy Judge Allan Gropper in the US$27 billion General Growth Properties Chapter 11 bankruptcy—at least with respect to the issue of substantive consolidation.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, White & Case, Public company, Bankruptcy, Debtor, Collateral (finance), Interest, Debt, Underwriting, Default (finance), Subsidiary, Secured loan, Credit rating agency, United States bankruptcy court
    Authors:
    Craig H. Averch , James Cairns
    Location:
    USA
    Firm:
    White & Case
    Delaware Bankruptcy Court weighs in on creditor groups' disclosure and possible fiduciary obligations
    2009-12-18

    Hedge funds and other investors in debt or equity securities often form unofficial “ad hoc” committees through which they actively participate in chapter 11 cases. Recent decisions affirm that such ad hoc committees must comply with the disclosure requirements of Bankruptcy Rule 2019 – including the nature and amounts of claims or interests held by members and other details. What about a “group” that says it’s a lot less than an ad hoc committee and therefore, outside the Rule?

    Filed under:
    USA, Delaware, Capital Markets, Insolvency & Restructuring, Litigation, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Bankruptcy, Fiduciary, Discovery, Hedge funds, Debt, United States bankruptcy court, US District Court for Southern District of Texas
    Authors:
    Alan W Kornberg , Stephen J. Shimshak
    Location:
    USA
    Firm:
    Paul, Weiss, Rifkind, Wharton & Garrison LLP
    SemCrude court provides clarification on treatment of Section 503(b)(9) claims for goods received by debtors in the 20 days prior to bankruptcy
    2009-12-17

    In a recent order entered in In re SemCrude, L.P., Case No. 08-11525, the Delaware bankruptcy court (1) clarified the application of Bankruptcy Code section 503(b)(9) to creditors’ priority claims arising from the delivery of goods in the 20 days before a bankruptcy filing and (2) amended a previously entered procedures order to allow for the resolution of disputed “Twenty Day Claims” on their merits.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Debtor, Unsecured debt, Interest, Liability (financial accounting), US Congress, Title 11 of the US Code, Uniform Commercial Code (USA), United States bankruptcy court
    Authors:
    Sherri L. Dahl
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Only a matter of time: a look at the December 1, 2009 changes to the time periods governing bankruptcy cases
    2009-12-17

    On December 1, 2009, numerous changes to the time periods applicable in bankruptcy cases took effect. These changes, which will impact creditors and debtors alike, are relatively straightforward but must be carefully reviewed and thoroughly understood. Time plays a critical role in the administration of bankruptcy cases, affecting the degree of notice a party is required to give before certain actions can be taken or approved by the bankruptcy court as well as deadlines for filing various documents, asserting various rights and satisfying certain statutory obligations.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Debtor, Commodity broker, Liquidation, Consumer privacy, US Code, Title 11 of the US Code, Supreme Court of the United States, United States bankruptcy court
    Authors:
    Elliot M. Smith
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Florida Bankruptcy Court issues sweeping ruling against lenders in high stakes fraudulent transfer and preference litigation
    2009-12-17

    In a recently published opinion, Judge John K. Olson of the United States Bankruptcy Court for the Southern District of Florida permitted the bankruptcy estates of TOUSA, Inc. and its debtor subsidiaries to avoid and recover more than $1 billion of liens and cash that the debtors had transferred to secured lenders in a transaction entered into six months prior to the debtors’ chapter 11 bankruptcy filing. Official Committee of Unsecured Creditors of TOUSA, Inc. v. Citicorp North America, Inc., 2009 Bankr. LEXIS 3311 (Bankr. S.D. Fla. Oct. 13, 2009).

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Surety, Debtor, Unsecured debt, Fraud, Debt, Joint venture, Subsidiary, Secured loan, Title 11 of the US Code, United States bankruptcy court, US District Court for Southern District of Florida
    Authors:
    Andrew V. Banas
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Second Circuit joins chorus on inapplicability of Bankruptcy Code Section 502(d) to administrative claims
    2009-12-17

    The Second Circuit Court of Appeals recently issued its decision on a question of first impression before the court: whether section 502(d) of the Bankruptcy Code applies to administrative claims arising under section 503(b) of the Bankruptcy Code. See, generally, ASM Capital, L.P. v. Ames Dept. Stores, Inc. (In re Ames Dept. Stores, Inc.), 582 F.3d 422 (2d Cir. 2009).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Debtor, Federal Reporter, Default judgment, Liquidation, Conveyancing, Title 11 of the US Code, Trustee, Second Circuit, Ninth Circuit, United States bankruptcy court, Fifth Circuit
    Authors:
    Nicholas J. Brannick
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Distressed hotel properties – five take aways
    2009-12-15

    There are hundreds of hotel properties in special servicing or foreclosure and even more that are on the brink. When dealing with a distressed hotel property, there are several issues and opportunities to consider.

    Receivership

    Filed under:
    USA, Banking, Insolvency & Restructuring, Leisure & Tourism, Hunton Andrews Kurth LLP, Bankruptcy, Debtor, Security (finance), Brand, Debt, Mortgage loan, Foreclosure, Deed, Franchise agreement, Default (finance), Commercial mortgage-backed security
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP
    Swap termination and the subordination of termination payments in the Lehman bankruptcy
    2009-12-22

    Lehman Brothers Holdings Inc.’s September 15, 2008 bankruptcy was an event of default under thousands of derivatives contracts to which a Lehman entity was a party and for which Lehman Brothers Holdings was the guarantor. This default entitled the vast majority of Lehman’s counterparties to terminate these contracts, and almost all were terminated.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Hunton Andrews Kurth LLP, Bankruptcy, Surety, Debtor, Swap (finance), Credit risk, Liquidation, Default (finance), Collateralized debt obligation, Subsidiary, Credit default swap, Lehman Brothers, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Brian V. Otero , J. R. Smith , Robert J. Hahn , Stephen R. Blacklocks
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP
    Weathering the storm: insurance coverage and insolvency: maximizing recovery in bankruptcy
    2009-12-22

    As we count down the days until the New Year, we are reminded of the momentous year we will leave behind us on December 31. While memorable for many things, 2009 may long be remembered as a year of record corporate insolvency. In 2009, General Motors, CIT, Chrysler, and Thornburg Mortgage filed four of the ten largest corporate bankruptcies in U.S. history. Equally notable are the number of corporate filings made in 2009.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Haynes and Boone LLP, Bankruptcy, Debtor, Breach of contract, Commercial property, Fiduciary, Interest, Debt, Credit risk, Mortgage loan, Liquidation, Liability insurance, Default (finance), General Motors, Trustee
    Location:
    USA
    Firm:
    Haynes and Boone LLP

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