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    House Subcommittee completes hearings on ramifications of auto industry bankruptcies
    2009-07-23

    Yesterday, the House Judiciary Committee’s Subcommittee on Commercial and Administrative Law concluded its series of hearings on the ramifications of auto industry bankruptcies. Testifying before the committee were:

    Panel I:

    Filed under:
    USA, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, General counsel, Administrative law, Warranty, Title 11 of the US Code, General Motors, US House Committee on the Judiciary, Chrysler
    Location:
    USA
    Firm:
    Alston & Bird LLP
    GM auditor opinion expresses doubts about "going concern"
    2009-03-07

    On Thursday, General Motors Corporation (GM) filed its Annual Report on Form 10-K with the Securities and Exchange Commission which notably included an opinion of its auditors on its financial statements in which the auditors stated that GM’s “recurring losses from operations, stockholders’ deficit, and inabili

    Filed under:
    USA, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Shareholder, Audit, Cashflow, Subsidiary, US Securities and Exchange Commission, European Commission, US Congress, General Motors, Chrysler
    Authors:
    Tara Castillo
    Location:
    USA
    Firm:
    Alston & Bird LLP
    The “conservative” tax majority on the Supreme Court
    2012-06-01

    The two most recent decisions of the Supreme Court involving federal taxes illustrate how a conservative approach to statutory interpretation tends to prevail, but only with great effort, and changing constituencies.

    Hall v. United States

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Alston & Bird LLP, Bankruptcy, Statutory interpretation, Statute of limitations
    Authors:
    Jasper L. (Jack) Cummings , Jr.
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Washington Mutual settles with J.P. Morgan Chase and FDIC
    2010-03-12

    Today, Washington Mutual, Inc. (WMI) announced a Global Settlement Agreement with J.P. Morgan Chase and the FDIC. Under the agreement, J.P. Morgan Chase will give WMI over $4 billion in WMI deposits in its former failed bank subsidiaries in exchange for over $6 billion in other assets. Also, the three parties will split two potential tax refunds worth a total of $5.6 billion.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Subsidiary, Federal Deposit Insurance Corporation (USA), JPMorgan Chase
    Authors:
    Stephen Racioppi
    Location:
    USA
    Firm:
    Alston & Bird LLP
    House Subcommittee holds hearing on Ramifications of Auto Industry Bankruptcies
    2009-07-21

    Today, the House Judiciary Committee’s Subcommittee on Commercial and Administrative Law held a hearing entitled “Ramifications of Auto Industry Bankruptcies; Part II.” Testifying before the committee was Ron Bloom, Senior Advisor, U.S. Department of Treasury.

    Filed under:
    USA, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Supply chain, Liquidation, Administrative law, Troubled Asset Relief Program, US Department of the Treasury, US House of Representatives, General Motors, US House Committee on the Judiciary, Ally Financial, Chrysler
    Authors:
    Margaret English
    Location:
    USA
    Firm:
    Alston & Bird LLP
    House delays vote on mortgage relief legislation
    2009-02-27

    Yesterday afternoon, the House delayed a vote on H.R. 1106, “Helping Families Save Their Homes Act of 2009” (the “Act”) after a little over an hour of debate, amidst unexpected opposition from some Democrats.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Real Estate, Alston & Bird LLP, Bankruptcy, Debtor, Fraud, Mortgage loan, Foreclosure, Deposit insurance, US Department of Justice, Federal Deposit Insurance Corporation (USA), Government Accountability Office, US House of Representatives, United States bankruptcy court, US Secretary of the Treasury
    Location:
    USA
    Firm:
    Alston & Bird LLP
    TOUSA redux: the Eleventh Circuit Court of Appeals affirms bankruptcy court’s avoidance of constructively fraudulent transfers and reverses the district court
    2012-05-18

    The outcome of the TOUSA appeal has been much anticipated and closely watched by the lending community, their counsel and advisors, and legal scholars. On May 15, 2012, the Eleventh Circuit Court of Appeals issued its opinion (found here), reversing the District Court for the Southern District of Florida and affirming the Bankruptcy Court for the Southern District of Florida, at least insofar as to the bankruptcy court’s factual findings, but not remedies.

    Filed under:
    USA, Florida, Banking, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bankruptcy, Subsidiary, United States bankruptcy court, Eleventh Circuit
    Authors:
    Jason H. Watson , John C. Weitnauer (Kit) , David A. Wender , William S. Sugden , Jonathan T. Edwards
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Capital purchase program experiencing effects of bankruptcies
    2010-02-17

    Treasury's most recent Transactions Report reveals a loss of $2,334,120,000 from two institutions in bankruptcy.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Contractual term, Bankruptcy, Subsidiary, Preferred stock, Computer program
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Geithner issues statement on the auto industry Task Force
    2009-07-13

    Today, Treasury Secretary Geithner released a statement on the Presidential Task Force on the Auto Industry.

    Filed under:
    USA, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, General Motors, Chrysler, US Secretary of the Treasury
    Authors:
    Zachary Chapman
    Location:
    USA
    Firm:
    Alston & Bird LLP
    GM and Chrysler submit restructuring plans and request additional government assistance
    2009-02-18

    As required by the terms of the emergency assistance provided by Treasury last December, General Motors Corp.

    Filed under:
    USA, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Debtor, Accounts receivable, EBITDA, US Federal Government, United Automobile Workers, General Motors, Chrysler
    Location:
    USA
    Firm:
    Alston & Bird LLP

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