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    Massachusetts Bankruptcy Court: purchaser of mortgage lacks standing to seek relief from bankruptcy stay to foreclose where it lacks evidence of transfers of mortgage
    2008-10-22

    The United States Bankruptcy Court for the District of Massachusetts recently denied a mortgage purchaser’s Motion for Relief from Automatic Stay of Chapter 13 proceedings on the ground that the purchaser lacked standing where it could not provide documentary evidence showing each transfer of the mortgage. In re Robin Hayes, Case No. 07-13967-JNF (August 19, 2008).

    In November 2004, the Debtor, Robin Hayes, obtained a $324,000 mortgage from Argent Mortgage Company LLC (“Argent Mortgage”). The mortgage subsequently was sold and ultimately ended up with Deutsche Bank.

    Filed under:
    USA, Massachusetts, Banking, Insolvency & Restructuring, Litigation, Locke Lord LLP, Bankruptcy, Debtor, Security (finance), Interest, Subprime lending, Mortgage loan, Foreclosure, Standing (law), Deutsche Bank, Citigroup, United States bankruptcy court, US District Court for District of Massachusetts
    Location:
    USA
    Firm:
    Locke Lord LLP
    FDIC procedures as receiver for failed banks and thrifts continue to evolve
    2008-12-09

    As we have recently noted, the federal banking agencies have worked together to expand the pool of investors eligible to bid to acquire failing depository institutions. See our 21st Century Money, Banking & Commerce Alert entitled “OCC Approves Shelf Charter for National Banks to Encourage New Investment” (Nov. 25, 2008). The Federal Deposit Insurance Corporation (“FDIC”) has recently modified the receivership process in less obvious ways that also may have important ramifications for investors. 

    Filed under:
    USA, Banking, Insolvency & Restructuring, Fried Frank Harris Shriver & Jacobson LLP, Market liquidity, Depository institution, Federal Deposit Insurance Corporation (USA), HM Treasury (UK), Federal Reserve (USA), Office of Thrift Supervision, Citigroup, Citibank
    Location:
    USA
    Firm:
    Fried Frank Harris Shriver & Jacobson LLP
    Citigroup announces support for mortgage bankruptcy reform act
    2009-01-09

    On January 8, Senator Richard Durbin (D-IL), Senator Christopher Dodd (D-CT), Senator Charles Schumer (D-NY) and Representative John Conyers (D-MI) announced an agreement with Citigroup on legislation that would allow homeowners in bankruptcy to alter the terms of their mortgages. Citigroup has agreed to support the "Helping Families Save Their Homes in Bankruptcy Act," introduced by Senator Durbin on January 6, along with a companion bill that was introduced on the same day in the House of Representatives by Representative Conyers.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Katten Muchin Rosenman LLP, Bankruptcy, Debtor, Mortgage loan, US Senate, US House of Representatives, Citigroup, Truth in Lending Act 1968 (USA)
    Location:
    USA
    Firm:
    Katten Muchin Rosenman 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, Mortgage Bankers Association, Citigroup, Citibank, Chief executive officer, United States bankruptcy court
    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
    Recent noteworthy decisions fall 2009
    2009-12-07
    1. In re TOUSA, Inc., 408 B.R. 913 (Bankr. S.D. Fla. 2009). Prepetition lenders could not assert third-party claims against the debtors for breach of contract based on loan document representation that debtor borrowers, on a consolidated basis, would be solvent after the financing transaction because such claims did not depend on the outcome of the fraudulent transfer claims of the creditors, which asserted that individual debtor subsidiaries were insolvent.
    2. In re Metaldyne Corp., 409 B.R. 671 (Bankr. S.D.N.Y. 2009).
    Filed under:
    USA, Insolvency & Restructuring, Litigation, Morgan, Lewis & Bockius LLP, Credit (finance), Debtor, Collateral (finance), Breach of contract, Federal Reporter, Refinancing, Forum selection clause, Federal Deposit Insurance Corporation (USA), Citigroup, Emergency Economic Stabilization Act 2008 (USA), Second Circuit, Ninth Circuit, Seventh Circuit, US District Court for the Southern District of New York
    Location:
    USA
    Firm:
    Morgan, Lewis & Bockius LLP
    In re Tousa highlights risks to lenders relying on after-acquired collateral and “savings clauses” in loan documents
    2010-03-29

    The recent case of In re Tousa, Inc. (Official Committee of Unsecured Creditors of Tousa, Inc., v. Citicorp North America, Inc., Adv. Pro. No. 08-1435-JKO (Bankr. S.D. Fla., October 13, 2009)) has attracted considerable attention – and dread – in the banking and legal communities.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Debtor, Unsecured debt, Collateral (finance), Interest, Liquidation, Subsidiary, Title 11 of the US Code, Citigroup, United States bankruptcy court
    Authors:
    Eric E. Johnson
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    The Enron claims trading decision: everyone loses
    2007-10-04

    On August 27, 2007, United States District Judge Shira Scheindlin held that Springfield Associates, an innocent transferee of a claim from Citigroup against Enron, was not subject to certain counterclaims and defenses so long as Springfield was a “purchaser” and not an “assignee” of the claim. See In re Enron Corp. v. Springfield Assocs. L.L.C., No. 07 Civ. 1957, 2007 U.S. Dist. LEXIS 63129 (S.D.N.Y. Aug. 27, 2007).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Debtor, Swap (finance), Remand (court procedure), Warranty, Distressed securities, Uniform Commercial Code (USA), US Congress, Citigroup, Enron, US District Court for SDNY
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    United Kingdom publishes reports addressing insolvency of investment banks, reforming the U.K. financial services sector, and regulatory responses to the global banking crisis
    2009-05-12

    Yesterday, the U.K. government published a report entitled "Developing effective resolution arrangements for investment banks" which sets forth, primarily in response to the September 2008 collapse of Lehman Brothers Holding, Inc. (in particular its U.K. arm, Lehman Brothers International (Europe)), the U.K.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Alston & Bird LLP, Clearing (finance), Investment banking, Competitiveness, Bankruptcy of Lehman Brothers, Lehman Brothers, Citigroup
    Authors:
    Darren Cooper
    Location:
    United Kingdom
    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

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