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    Second Circuit holds Bankruptcy Code safe harbor insulates sellers of Enron commercial paper from preference and fraudulent transfer liability
    2011-06-29

    The U.S. Court of Appeals, in a 2-1 decision on June 28, 2011, held that Bankruptcy Code § 546(e), which exempts a “Settlement Payment” from a bankruptcy trustee’s avoiding powers, insulated two sellers of Enron Corporation’s commercial paper from suit despite Enron’s early pre- bankruptcy redemption. Enron Creditors Recovery Corp. v. Alfa, S.A.B. de C.V., ___F.3d ___, 2011 WL 2536101 (2d Cir. June 28, 2011) (2-1).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Bankruptcy, Clearing (finance), Unsecured debt, Security (finance), Safe harbor (law), Debt, Maturity (finance), Commercial paper, Title 11 of the US Code, ING Group, Enron, Second Circuit, United States bankruptcy court
    Authors:
    Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel 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
    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
    Barclays Capital and Lehman Brothers settle dispute for $689 million
    2009-02-13

    Earlier this week, Barclays Capital Inc., the investment banking unit and capital markets unit of Barclays plc, and Lehman Brothers Inc., the brokerage unit of Lehman Brothers Holdings Inc., entered into a settlement under which Barclays Capital will receive approximately $689 million in cash and securities for securities belonging to customers of Lehman Brothers that were never transferred when Barclays plc closed the sale for Lehman Brothers on Septemb

    Filed under:
    USA, New York, Capital Markets, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Clearing (finance), Security (finance), Investment banking, Liquidation, Brokerage firm, Barclays, Lehman Brothers, Securities Investor Protection Corporation, United States bankruptcy court, Trustee
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Lehman Brothers’ credit default swap settlement completed
    2008-10-23

    Yesterday, the Depository Trust & Clearing Corporation (DTCC) announced that its Trade Information Warehouse (TIW) successfully completed on October 21st settlement of the over-the-counter credit default swaps (CDS) related to the credit event of Lehman Brothers Holdings Inc.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Alston & Bird LLP, Bond (finance), Bankruptcy, Clearing (finance), Credit (finance), Foreign exchange market, Swap (finance), Default (finance), Credit default swap, Lehman Brothers
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Basel looks at repo clearing and settlement
    2010-09-17

    The Committee on Payment and Settlement Systems within Basel has published a report looking at how clearing and settlement arrangements for repos work and have worked during the economic crisis. It looks at issues that may affect resilience of repo markets and suggests ideas for strengthening them.

    Filed under:
    Global, Banking, Insolvency & Restructuring, Dentons, Clearing (finance)
    Location:
    Global
    Firm:
    Dentons
    Lehman bankruptcy court holds that pre-petition collateral transfers and guaranties to clearing bank are safe harbored
    2012-04-26

    On April 19, 2012, the Lehman bankruptcy court handed down its decision on the long-pending motion to dismiss filed by JPMorgan Chase Bank, N.A., in response to Lehman Brothers Holdings Inc.’s $8.6 billion avoidance action against it. The action sought to recover the value of collateral taken by JP Morgan in its role as principal clearing bank to Lehman in the run-up to the Lehman insolvency.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Clearing (finance), Collateral (finance), JPMorgan Chase, Lehman Brothers, United States bankruptcy court
    Authors:
    Howard S. Beltzer , Joshua Cohn , Mark G. Hanchet , Christopher J. Houpt , Brian Trust
    Location:
    USA
    Firm:
    Mayer Brown
    The federal law “on clearing and clearing activities” and related amendments to Russian legislation
    2011-03-18

    Background

    Until recently Russian legislation was not familiar with the concept of close-out netting. Although there was no prohibition for market participants to enter into netting agreements, Russian courts would not enforce such agreements in case of bankruptcy. This led to the use of complex structures to avoid the negative consequences of the application of Russian law and was a strong argument in favor of using foreign entities and application of foreign law to derivative transactions.

    Filed under:
    Russia, Insolvency & Restructuring, Herbert Smith Freehills LLP, Contractual term, Bankruptcy, Clearing (finance), Security (finance), Statutory interpretation, Commodity
    Location:
    Russia
    Firm:
    Herbert Smith Freehills LLP
    CFTC proposes to amend bankruptcy rules to establish cleared OTC derivatives as a separate account class
    2009-08-14

    The Commodity Futures Trading Commission has proposed to amend its Bankruptcy Rules, 17 CFR Part 190, to establish cleared over-the-counter derivatives as a separate account class for the purpose of calculating “net equity” and “allowed net equity” for each customer in the event of the bankruptcy of a futures commission merchant.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Katten Muchin Rosenman LLP, Bankruptcy, Clearing (finance), Futures contract, Commodity broker, Over-the-counter (finance), Margin (finance), Code of Federal Regulations, US Securities and Exchange Commission, Commodity Futures Trading Commission (USA)
    Authors:
    Jeffrey M. Werthan , Christina J. Grigorian
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    CFTC issues statement regarding bankruptcy treatment of cleared-only contracts
    2008-10-03

    In an interpretive statement, the Commodity Futures Trading Commission has taken the position that “cleared-only contracts,” over-the-counter contracts submitted for clearing through a futures commission merchant to a derivatives clearing organization, should be included within the definition of “net equity” for purposes of U.S. Bankruptcy Code provisions applicable to commodity brokers. The CFTC’s interpretation generally would treat cleared-only contracts in the same manner as exchange-traded futures contracts in the event of a futures commission merchant bankruptcy.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Katten Muchin Rosenman LLP, Bankruptcy, Clearing (finance), Commodity, Futures contract, Commodity broker, Title 11 of the US Code, Commodity Futures Trading Commission (USA)
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP

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