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    Impact of a client’s bankruptcy on its tort liability
    2012-01-27

    While bankruptcy law and tort law may not seem related, it is important to know if your client has ever gone through a bankruptcy and, if so, the terms of its plan of reorganization. A recent Eighth Circuit decision confirmed the importance of knowing the ins and outs of a client’s bankruptcy and the terms of the applicable plan.

    Filed under:
    USA, Aviation, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bankruptcy, Liability (financial accounting), Bankruptcy discharge, Eighth Circuit
    Location:
    USA
    Firm:
    Alston & Bird LLP
    U.K. Treasury publishes proposals to manage investment bank failures
    2009-12-17

    Yesterday, the U.K. Treasury announced that it had published a report setting out detailed proposals for the effective management and resolution of failed investment banks.

    Filed under:
    United Kingdom, Capital Markets, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Legal personality, Climate change mitigation, Debt, Investment banking, Default (finance), Investment company, Bank reserves
    Authors:
    Colin Roberts
    Location:
    United Kingdom
    Firm:
    Alston & Bird LLP
    New General Motors emerges from bankruptcy
    2009-07-12

    On Friday, the new General Motors (GM) began operations with a new corporate structure, and is now primarily owned by the governments of the U.S., Canada and Ontario, along with the UAW Retiree Medical Benefits Trust. The result of an asset sale approved by the bankruptcy court on July 5, the new GM will narrow its focus to four core brands (Chevrolet, Cadillac, Buick and GMC). Also, the number of U.S.

    Filed under:
    USA, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, General Motors, United States bankruptcy court
    Authors:
    Sarah Whitlock
    Location:
    USA
    Firm:
    Alston & Bird LLP
    House Judiciary Committee holds hearing on mortgage modification in bankruptcy
    2009-01-23

    Yesterday, the House Judiciary Committee held a hearing to discuss two proposed bills, H.R. 200, the “Helping Families Save Their Homes in Bankruptcy Act of 2009” and H.R. 225, the “Emergency Homeownership and Equity Protection Act", that would allow bankruptcy judges to modify the terms of certain mortgages on principal homes during bankruptcy proceedings. H.R.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Consumer protection, Mortgage loan, Foreclosure, Good faith, US Senate, US House of Representatives, US House Committee on the Judiciary, Citigroup, Citibank, United States bankruptcy court
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Delaware Bankruptcy Court dismisses single-asset real estate Mezz debtor’s bankruptcy case for bad faith
    2012-01-26

    On December 22, 2011, the United States Bankruptcy Court for the District of Delaware inIn re JER/Jameson Mezz Borrower II LLC 1 dismissed with prejudice a mezzanine borrower’s bankruptcy case for bad faith under Section 1112(b) of the Bankruptcy Code. In doing so, the court clarified that the standard in the Third Circuit to evaluate the good faith of a debtor seeking shelter under the umbrella of Chapter 11 of the Bankruptcy Code is an objective one and does not consider the subjective good faith of a debtor as do courts within the Secon d Circuit.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bankruptcy, Debtor, Good faith, Prejudice, Title 11 of the US Code, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Jason H. Watson , David A. Wender , Jonathan T. Edwards
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Treasury releases completed transactions report
    2009-12-15

    Yesterday, Treasury released its most recent completed transactions report for the period ending December 10, 2009.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Preferred stock, Warrant (finance), US Department of the Treasury, JPMorgan Chase
    Location:
    USA
    Firm:
    Alston & Bird LLP
    U.S. Bankruptcy Court approves GM’s Section 363 asset sale
    2009-07-06

    Late last night, after presiding over a three-day hearing on the matter last week, U.S. Bankruptcy Judge Robert Gerber of the U.S. Bankruptcy Court for the Southern District of New York issued an order authorizing the sale of substantially all of the assets of General Motors Corporation (“Old GM”) under Section 363 of the Bankruptcy Code (“Section 363 Sale”).

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bond (finance), Bankruptcy, Debtor, Unsecured debt, Limited liability company, Liability (financial accounting), Liquidation, Warranty, Subsidiary, Title 11 of the US Code, US Department of the Treasury, United Automobile Workers, General Motors, United States bankruptcy court
    Authors:
    Anjali Desai
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Citibank to support bankruptcy reform
    2009-01-09

    On January 6, 2009, Senator Richard Durbin (D-IL) re-introduced H.R. 200, “Helping Families Save Their Homes in Bankruptcy Act.” First introduced in the fall of 2007 by Durbin in the Senate and by Rep. John Conyers (D-MI) in the House, this bill has been the subject of three hearings, but faces opposition primarily from Republicans and representatives of the mortgage industry.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Debtor, Mortgage loan, Foreclosure, US Senate, US House of Representatives, Citigroup, Citibank, United States bankruptcy court, Chief executive officer
    Location:
    USA
    Firm:
    Alston & Bird LLP
    The Second Circuit interprets the Bankruptcy Code’s safe harbor provisions more broadly than the Bankruptcy Court
    2011-07-27

    The Second Circuit Court of Appeals has now weighed in on the Bankruptcy Code’s safe harbor provisions. In Enron Creditors Recovery Corp. v. Alfa, S.A.B. de C.V., Docket Nos. 09–5122, 09–5142, 2011 WL 2536101 (2d Cir. June 28, 2011), the Second Circuit Court of Appeals faced an issue of first impression—whether Section 546(e) of the Bankruptcy Code, which shields certain payments from avoidance actions in bankruptcy, extends to an issuer’s payment to redeem its commercial paper made before maturity.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bankruptcy, Unsecured debt, Security (finance), Fraud, Safe harbor (law), Discovery, Debt, Maturity (finance), Broker-dealer, Market value, Accrued interest, Commercial paper, Enron, Second Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Court confirms CIT reorganization plan
    2009-12-08

    CIT Group Inc.

    Filed under:
    USA, New York, Insolvency & Restructuring, Alston & Bird LLP, Share (finance), Bankruptcy, Security (finance), Board of directors, Debt, Stock exchange, Preferred stock, Small Business Administration (USA), United States bankruptcy court, Chief executive officer
    Location:
    USA
    Firm:
    Alston & Bird LLP

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