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    Decision in Fedders bankruptcy looks at whether lenders aided and abetted debtor in breach of duty of care
    2010-03-22

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Fiduciary, Board of directors, Debt, Duty of care, Default (finance), Gross negligence, Delaware Supreme Court, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild 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 System, US House Committee on Financial Services
    Authors:
    Andrea L. Parisi
    Location:
    USA
    Firm:
    Alston & Bird LLP
    GM announces details of U.S. Treasury’s asset sale proposal; unofficial committee of bondholders indicates support of proposal
    2009-05-28

    This morning, General Motors Corp. (GM) announced in a Form 8-K filing that the U.S. Treasury Department has proposed details of a reorganization plan to GM in the event that GM seeks bankruptcy protection and bankruptcy court approval for the sale of substantially all of its assets to a newly organized company (New GM) pursuant to Section 363 of the Bankruptcy Code (363 Sale). Following the proposed 363 Sale, the U.S.

    Filed under:
    USA, Insolvency & Restructuring, Alston & Bird LLP, Bond (finance), Bankruptcy, Debtor, Unsecured debt, Trade union, Beneficiary, Debt, Voluntary association, Liquidation, Warrant (finance), HM Treasury (UK), US Department of the Treasury, General Motors, United States bankruptcy court
    Authors:
    Anjali Desai
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Court approves $125 million New Century settlement
    2010-08-10

    Yesterday, a federal judge preliminary approved a $125 million cash settlement for former shareholders of New Century Financial Corp. (“New Century”). New Century was the second largest subprime mortgage originator before it filed for bankruptcy in April 2007. In February 2008, Michael J.

    Filed under:
    USA, California, Capital Markets, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Shareholder, Board of directors, Subprime lending, General counsel, Underwriting, Preferred stock, Securities fraud, Securities Act 1933 (USA), KPMG, US District Court for Central District of California, Chief executive officer, Chief financial officer
    Location:
    USA
    Firm:
    Alston & Bird LLP
    CIT files for bankruptcy
    2009-11-02

    CIT Group Inc.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Wage, Bankruptcy, Debtor, Board of directors, Market liquidity, Limited liability company, Debt, Line of credit, Subsidiary, Preferred stock
    Authors:
    Andrea L. Parisi
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Chrysler bankruptcy judge approves GMAC as preferred lender for dealers
    2009-05-13

    Yesterday, U.S. Bankruptcy Judge Arthur Gonzalez approved a motion by Chrysler LLC requesting that GMAC LLC become the preferred lender for its dealer network, and be permitted to provide wholesale, retail and other product-related financing for Chrysler dealers and customers to purchase vehicles.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bankruptcy, Retail, Collateral (finance), Limited liability company, Consent, Preferred stock, Ally Financial, Chrysler
    Authors:
    Anjali Desai
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Seventh Circuit poised to decide treatment of franchise agreements in bankruptcy
    2014-02-18

    A & F Enterprises, Inc. v. IHOP Franchising LLC (In re A & F Enterprises, Inc.), 2014 WL 494857 (7th Cir. 2014)

    Filed under:
    USA, Franchising, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bankruptcy, Debtor, United States bankruptcy court, Seventh Circuit
    Location:
    USA
    Firm:
    Alston & Bird LLP
    FTC issues final rule to restricting debt relief providers
    2010-08-02

    Last week, the Federal Trade Commission announcedamendments to the Telemarketing Sales Rule (TSR) relating to the telemarketing of debt relief services, including new restrictions on advance fees charged by debt relief companies.

    Filed under:
    USA, Insolvency & Restructuring, Telecoms, Alston & Bird LLP, Credit card, Bankruptcy, Debt, Debt relief, Good faith, Federal Trade Commission (USA)
    Location:
    USA
    Firm:
    Alston & Bird LLP
    House Judiciary Subcommittee holds hearing to examine the roles of bankruptcy law and a new resolution authority to combat “too big to fail” doctrine
    2009-10-22

    Today, the House Judiciary Committee’s Subcommittee on Commercial and Administrative Law held a hearing to discuss the role of bankruptcy and antitrust law in financial regulatory reform, particularly with respect to institutions that may be regarded as “too big to fail,” as highlighted during the financial crisis.

    Testifying before the Subcommittee were the following witnesses:

    Panel I

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Bailout, Bank holding company, Federal Deposit Insurance Corporation (USA), US Department of the Treasury, American International Group, US House Committee on the Judiciary, Lehman Brothers
    Authors:
    Colin Roberts
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Bankruptcy court enters order on Chrysler bidding procedures
    2009-05-08

    In an order dated May 7, 2009, Judge Arthur Gonzales approved Chrysler’s proposed bidding procedures for the sale of substantially all of the Company’s assets to a newly formed entity that would continue business under Chrysler’s name.

    Filed under:
    USA, Corporate Finance/M&A, Insolvency & Restructuring, Alston & Bird LLP, Confidentiality, Bankruptcy, Good faith, Due diligence, Non-disclosure agreement, Troubled Asset Relief Program, United Automobile Workers, Ally Financial, Chrysler
    Authors:
    Zachary Chapman
    Location:
    USA
    Firm:
    Alston & Bird LLP

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