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    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
    SDNY bankruptcy court upholds swap provision that modifies the method to calculate amounts owing upon the counterparty’s bankruptcy
    2013-12-23

    TheLehman Brothers bankruptcy court has determined that the contractually specified methodology for conducting the liquidation of a swap agreement is protected by the safe harbor provisions of the bankruptcy, even if the selected methodology would be more favorable to the non-defaulting counterparty than the liquidation methodology that would apply absent the bankruptcy.See Michigan State Housing Dev. Auth. v. Lehman Bros. Deriv. Prods. Inc. (In re Lehman Bros. Holdings Inc.), No. 08-13555, ---B.R.

    Filed under:
    USA, New York, Derivatives, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bankruptcy, Swap (finance), Liquidation, International Swaps and Derivatives Association, Lehman Brothers, United States bankruptcy court, US District Court for SDNY
    Authors:
    David A. Wender , Jason H. Watson , Aimee M. Cummo , Karen Gelernt , John Spears
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Washington Mutual bankruptcy judge to appoint examiner
    2010-07-21

    Yesterday, Delaware Bankruptcy Judge Mary Walrath granted a request by Washington Mutual (WaMu) shareholders to appoint an independent examiner, to be chosen by the U.S. trustee, to review assets and claims in the company’s bankruptcy case related primarily to the 2008 seizure and sale of WaMu by the FDIC to JPMorgan Chase for $1.9 million.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bankruptcy, Shareholder, Federal Deposit Insurance Corporation (USA), JPMorgan Chase, Trustee
    Authors:
    Alice Green
    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
    House passes Asbestos Bankruptcy Trust Transparency Bill
    2013-11-15

    This week, the U.S. House of Representatives passed the Asbestos Bankruptcy Trust Transparency Bill. The legislation would, if enacted into law, require bankruptcy trusts to file quarterly reports with bankruptcy courts disclosing the names, asbestos-related exposure history, and basis of the victim’s claims for each claimant. These reports would be made available on the courts’ public dockets. Confidential medical records or social security information would not be disclosed.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, US House of Representatives, United States bankruptcy court
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Lehman Brothers Holdings Inc. files complaint against JPMorgan Chase Bank, N.A.
    2010-05-27

    Yesterday, Lehman Brothers Holdings Inc. (LBHI) and the Official Committee of Unsecured Creditors of LBHI (the Committee) filed a complaint against JPMorgan Chase Bank, N.A. (JPMorgan) in the U.S. Bankruptcy Court for the Southern District of New York.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bankruptcy, Clearing (finance), Collateral (finance), Leverage (finance), Brokerage firm, JPMorgan Chase, Lehman Brothers, United States bankruptcy court
    Location:
    USA
    Firm:
    Alston & Bird LLP
    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

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