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    DSB Bank N.V. declared bankrupt and ordered to liquidate
    2009-10-19

    Earlier today, DSB Bank N.V. (DSB) was declared bankrupt and ordered to liquidate, ending hopes the regional lender, which last week suffered a run on deposits and was subsequently put into receivership, might be sold or bailed out.

    Filed under:
    Netherlands, Banking, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Liquidation
    Authors:
    Darren Cooper
    Location:
    Netherlands
    Firm:
    Alston & Bird LLP
    SEC files fraud lawsuit against Reserve Primary Fund’s founders
    2009-05-06

    The Securities and Exchange Commission announced yesterday that it has filed civil fraud charges against several entities and individuals who operate the Reserve Primary Fund, including its founder Bruce Bent and his son Bruce Bent II, “for failing to provide key material facts to investors and trustees about the fund’s vulnerability after as

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Fraud, Mutual fund, Pro rata, US Securities and Exchange Commission, Lehman Brothers, Trustee
    Authors:
    Christy Prendergast
    Location:
    USA
    Firm:
    Alston & Bird LLP
    “Bad boy” guaranties and bankruptcy: New York court enforces non-recourse carve-out guaranty
    2013-10-14

    A recent New York court decision has cleared the way for lenders to seek recovery against non-recourse carve-out, or “bad boy,” guarantors during a pending mortgage foreclosure action if a borrower files for bankruptcy. In so doing, the court answered a question that, surprisingly, was thus far apparently unanswered in a reported decision in New York: whether New York’s “one action rule” under RPAPL § 1301 bars a lender from obtaining a money judgment against a “bad boy” guarantor for the debt if a mortgage borrower files for bankruptcy while a foreclosure action is underway.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bankruptcy, Debtor, Debt, Foreclosure
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Republicans circulate substitute summary of Financial Regulatory Reform Bill; cloture motion on Senate bill fails for third time
    2010-04-28

    Yesterday, Senate Republicans circulated a brief summary of the Financial Regulatory Improvement and Taxpayer Protection Act, a Republican substitute to the Restoring American Financial Stability Act of 2010 (S.3217) previously

    Filed under:
    USA, Banking, Capital Markets, Derivatives, Insolvency & Restructuring, Insurance, Alston & Bird LLP, Bankruptcy, Consumer protection, Swap (finance), Liquidation, Default (finance), Federal Deposit Insurance Corporation (USA), US Congress, US Department of the Treasury, US Senate, Federal Reserve System, US Republican Party, US Senate Committee on Banking, Housing and Urban Affairs, US Democratic Party, United States bankruptcy court, US Secretary of the Treasury
    Authors:
    Darren Cooper
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Congressional Oversight Panel releases report on use of TARP funds to reorganize U.S. auto industry
    2009-09-11

    After holding a hearing on the topic this past July, the Congressional Oversight Panel (COP) released a report earlier this week entitled, “The Use of TARP Funds in Support and Reorganization of the Domestic Automotive Industry,” examining how TARP funds have been used to support and reorganize both

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Conflict of interest, Public company, Bankruptcy, Shareholder, Fiduciary, Interest, Privately held company, Due diligence, Troubled Asset Relief Program, US Federal Government, HM Treasury (UK), US Department of the Treasury, General Motors, Chrysler
    Authors:
    Anjali Desai
    Location:
    USA
    Firm:
    Alston & Bird LLP
    House Financial Services Committee holds hearing on effect of Lehman Brothers bankruptcy on state and local governments
    2009-05-05

    Today, the House Financial Services Committee, chaired by Representative Barney Frank (D-MA), held a hearing on the effects of the Lehman Brothers bankruptcy on state and local governments and other publicly-funded entities.

    Testifying at the hearing were the following witnesses:

    Panel One:

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Public, Alston & Bird LLP, Bankruptcy, Bankruptcy of Lehman Brothers, Troubled Asset Relief Program, Emergency Economic Stabilization Act 2008 (USA), US Department of the Treasury, US House of Representatives, US House Committee on Financial Services, Lehman Brothers, US Secretary of the Treasury
    Authors:
    Anjali Desai
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Virginia court holds state LLC law constitutes invalid Ipso facto clause
    2013-09-26

    In Virginia Broadband, LLC (Bankr. W.D. Va. Sept. 9, 2013), the unsecured creditors committee moved to dismiss an LLC’s chapter 11 bankruptcy case alleging a flaw in the authorization of the LLC’s bankruptcy filing caused by an authorizing member’s individual bankruptcy filing. Specifically, the committee alleged that when the authorizing member filed his individual bankruptcy case, Virginia law divested him of his non-economic (voting) rights in the LLC.

    Filed under:
    USA, Virginia, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bankruptcy, Limited liability company, United States bankruptcy court
    Authors:
    Suzanne N. Boyd
    Location:
    USA
    Firm:
    Alston & Bird LLP
    House Committee on Financial Services holds hearing on Lehman Bankruptcy examiner’s report
    2010-04-26

    On April 20, the House Committee on Financial Services held a hearing to discuss public policy issues raised by last month’s report of court-appointed bankruptcy examiner for Lehman Brothers Holdings Inc. (Lehman Brothers), Mr. Anton R. Valukas. The Committee heard testimony from the following witnesses:

    Panel One:

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Audit, Board of directors, Accounting, Defamation, Balance sheet, US Securities and Exchange Commission, Federal Reserve System, US House Committee on Financial Services, Lehman Brothers, Ernst & Young, Chief executive officer
    Location:
    USA
    Firm:
    Alston & Bird LLP
    GGP: single purpose entity or all in the corporate family?
    2009-08-25

    On August 11, 2009, in a long-anticipated ruling in the Chapter 11 case of General Growth Properties, Inc. (GGP), the court denied the motions to dismiss that had been brought on behalf of several of the property-level lenders.1 Few, if any, observers expected that the court would grant these motions and actually dismiss any of the individual SPE borrowers from the larger GGP bankruptcy, as doing so would have likely opened the door for the other secured lenders to seek dismissal.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Securitization & Structured Finance, Alston & Bird LLP, Bankruptcy, Debtor, Interest, Good faith, Cashflow, Secured creditor, Subsidiary, Commercial mortgage-backed security, Mortgage-backed security, Secured loan
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Bankruptcy court approves $4.1 billion DIP facility for Chrysler
    2009-05-05

    Yesterday, in a bankruptcy court hearing held for Chrysler LLC (and 24 of its wholly owned subsidiaries), which filed for Chapter 11 bankruptcy protection last Thursday, U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bankruptcy, Debtor, Collateral (finance), Budget, Investment funds, Subsidiary, Troubled Asset Relief Program, Secured loan, HM Treasury (UK), Chrysler, United States bankruptcy court
    Authors:
    Anjali Desai
    Location:
    USA
    Firm:
    Alston & Bird LLP

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