Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    Intercreditor agreements in bankruptcy
    2014-10-20

    In In re MPM Silicones, LLC, Case No. 14-22503 (RDD) (Bankr. S.D.N.Y. Sept. 30, 2014) (Momentive), the court dismissed a senior lien creditors’ suit alleging that the junior lien creditors breached an intercreditor agreement (ICA) with respect to shared collateral by taking and supporting certain actions adverse to the senior lien creditors.

    BACKGROUND

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Collateral (finance)
    Authors:
    Lorraine Sarles
    Location:
    USA
    Firm:
    Alston & Bird 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
    Anti-deprivation: still worth worrying about?
    2011-11-15

    The Supreme Court recently considered the scope of the anti-deprivation principle, in Belmont Park Investments PTY Limited (respondent) v. BNY Corporate Trustee Services Limited and Lehman Brothers Special Financing Inc (appellant) [2011] UKSC 38 (Belmont). Understanding the scope of this principle is important for anyone entering a contract where the parties’ rights and obligations change if one of them enters an insolvency procedure. Robert Spedding explains how the courts applied the principle in Belmont and makes some practical suggestions for avoiding problems.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Dentons, Contractual term, Collateral (finance), Landlord, Interest, Swap (finance), Good faith, Common law, Default (finance), Credit default swap, Lehman Brothers, SCOTUS, UK Supreme Court
    Location:
    United Kingdom
    Firm:
    Dentons
    When trade finance meets insolvency
    2011-03-04

    There has been an upturn in the frequency of trade finance workouts, restructurings and formal insolvencies. Susan Moore and Luci Mitchell-Fry look at some key issues that banks face when trade finance lending passes to "bad bank".

    The bank's decisions at every stage of a trade finance transaction are critical: at origination; when following a workout/restructuring; and once a formal insolvency process becomes a reality.

    Origination

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Dentons, Debtor, Collateral (finance), Credit risk, Liquidation, Payment protection insurance
    Authors:
    Susan Moore , Luci Mitchell-Fry
    Location:
    United Kingdom
    Firm:
    Dentons
    Treasury consults on settlement and collateral directives
    2010-08-20

    Treasury is consulting on implementation of the changes to the Settlement Finality Directive (SFD) and the Financial Collateral Directive (FCD) in the UK. The changes to the Directives cover:

    Filed under:
    United Kingdom, Capital Markets, Insolvency & Restructuring, Dentons, Collateral (finance), EEA, HM Treasury (UK)
    Authors:
    Robert Finney
    Location:
    United Kingdom
    Firm:
    Dentons
    When trade finance meets insolvency
    2010-06-09

    There has been an upturn in the frequency of trade finance workouts, restructurings and formal insolvencies. Drew Sainsbury looks at some key issues that banks face when trade finance lending passes to “bad bank”.

    The bank’s decisions at every stage of a trade finance transaction are critical: at origination; when following a workout/restructuring; and once a formal insolvency process becomes a reality.

    Origination

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Dentons, Debtor, Collateral (finance), Credit risk, Liquidation, Payment protection insurance
    Location:
    United Kingdom
    Firm:
    Dentons
    Erosion of secured creditor rights by recent Philadelphia Newspapers decision
    2010-03-30

    On March 22, 2010, in a 2-1 decision, the Court of Appeals for the Third Circuit held that a debtor may proceed with an auction sale under a Chapter 11 plan without providing a secured lender the right to credit bid for its collateral.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Dentons, Credit (finance), Debtor, Collateral (finance), Statutory interpretation, Dissenting opinion, Secured creditor, Secured loan, United States bankruptcy court, Fifth Circuit, Third Circuit
    Authors:
    Hugh M. McDonald
    Location:
    USA
    Firm:
    Dentons

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 74
    • Page 75
    • Page 76
    • Page 77
    • Current page 78
    • Page 79
    • Page 80
    • Page 81
    • Page 82
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days