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    Dirt-for-debt, or just dirt: Judge Carey's latest decision in All Land Investments, LLC
    2012-03-15

    Summary

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Debtor, Collateral (finance), Debt, Default (finance), Secured creditor, United States bankruptcy court
    Authors:
    L. John Bird
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Solyndra files bankruptcy in Delaware after shutting down operations
    2011-09-06

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Solar energy, Bankruptcy, Collateral (finance), Landlord, Accounts receivable, Option (finance), Debt, Liquidation, Debtor in possession, Preferred stock, Bridge loan, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Recycled paper manufacturer, manistique papers, files bankruptcy in Delaware
    2011-08-17

    Introduction

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Collateral (finance), Landlord, Limited liability partnership, Title 11 of the US Code, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Trustee in DBSI bankruptcy files adversary actions
    2010-11-25

    Introduction

    Earlier this month, the chapter 11 trustee (the "Trustee") in the DBSI bankruptcy began filing adversary actions seeking the avoidance and recovery of alleged fraudulent transfers. The Trustee filed the adversary actions against various defendants, some of whom the Trustee identifies as "John Doe 1 -10." This post will look briefly at the DBSI bankruptcy proceeding, why DBSI filed for bankruptcy, as well as some of the events that have transpired since the compnay filed for bankruptcy.

    Background

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bond (finance), Bankruptcy, Debtor, Unsecured debt, Collateral (finance), Commercial property, Leasehold estate, Credit crunch, Title 11 of the US Code, United States bankruptcy court, US District Court for District of Delaware, Chief executive officer, Trustee
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Hotel loan workouts
    2010-10-19

    For many hotel owners, it is an all-too-familiar story: occupancy is down, and even though operating expenses have been cut to the bone, there is just not enough money to go around. It seems there is always another bill: franchise fees, payroll, real property taxes, debt service—the list goes on. The unfortunate result is that either because of a failure to make a payment or a breach of some other covenant, the owner finds itself looking at a default notice from its lender. When dealing with a loan default, there are four things the hotel owner needs to understand.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Leisure & Tourism, Fox Rothschild LLP, Collateral (finance), Fiduciary, Covenant (law), Debt, Mortgage loan, Foreclosure, Maturity (finance), Refinancing, Default (finance), Mortgage-backed security, Credit rating agency
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    The court in ResCap denies in part and grants in part secured lenders’ motion to dismiss committee complaint challenging secured status
    2013-08-28

    In an adversary proceeding arising out of the Chapter 11 case of Residential Capital, LLC (“ResCap”), the bankruptcy court denied in part and granted in part a secured lenders’ motion to dismiss certain claims in the case. Official Comm. Of Unsecured Creds. V. UMB Bank, N.A. (In re Residential Capital, LLC), Adv. P. No. 13-01277, -- B.R. --, 2013 WL 4069512 (Bankr. S.D.N.Y. Aug. 13, 2013). At issue was certain collateral, which was part of the secured lenders’ collateral, that the lenders released to enable ResCap to pledge it to different third parties.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Collateral (finance), Secured loan, US District Court for SDNY
    Location:
    USA
    Firm:
    Alston & Bird LLP
    FDIC proposes orderly liquidation rules
    2010-10-13

    Earlier today, the FDIC announced that the FDIC Board of Directors voted on Friday, October 8, 2010 to approve the issuance of a notice of proposed rulemaking (NPR) regarding the treatment of certain creditor claims under the FDIC’s new orderly liquidation authority established under Title II of the

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Bond market, Letter of credit, Unsecured debt, Collateral (finance), Board of directors, Market liquidity, Liquidation, Holding company, Subsidiary, Subordinated debt, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), US Federal Government, Federal Deposit Insurance Corporation (USA)
    Location:
    USA
    Firm:
    Alston & Bird LLP
    FDIC holds first in a series of roundtables on financial reform
    2010-09-01

    On Tuesday, the FDIC held the first in a series of proposed roundtable discussions on the implementation of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, which is intended to bring transparency to the rulemaking process. Government officials, industry executives, academics and investors were invited to participate in the discussion.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Consumer protection, Collateral (finance), Advance healthcare directive, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Federal Deposit Insurance Corporation (USA), Federal Reserve System, Bear Stearns
    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
    Lehman estate sues Barclays over "windfall profits"
    2009-11-17

    Yesterday, the bankrupt estate of Lehman Brothers Holdings, Inc. (Lehman) sued Barclays Capital, Inc.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Punitive damages, Bankruptcy, Collateral (finance), Fiduciary, Margin (finance), Liability (financial accounting), Broker-dealer, Barclays, Lehman Brothers
    Authors:
    Darren Cooper
    Location:
    USA
    Firm:
    Alston & Bird LLP

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