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
    Offshore bankruptcy-remote entity is not bankruptcy-proof; trust indenture voting requirement overridden in involuntary bankruptcy case
    2012-03-15

    Inre Zais Investment Grade Limited VII, 455 B.R. 839 (2011)

    CASE SNAPSHOT

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Reed Smith LLP, Bankruptcy, Debtor, Security (finance), Collateralized debt obligation, Title 11 of the US Code
    Authors:
    Jeanne S. Lofgren
    Location:
    USA
    Firm:
    Reed Smith LLP
    Bankruptcy court approves plan to liquidate CDO
    2012-01-19

    On Dec. 21, 2011, the U.S. Bankruptcy Court for the District of New Jersey approved a liquidation plan for collateralized-debt obligation issuer (“CDO”) Zais Investment Grade Limited VII (“ZING VII”). The plan incorporates a settlement between senior noteholders who had initiated the bankruptcy case by filing an involuntary petition against the CDO, and junior noteholders who were appealing the Bankruptcy Court’s April 26, 2011 order granting the involuntary petition.

    Filed under:
    USA, New Jersey, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Schulte Roth & Zabel LLP, Bankruptcy, Collateral (finance), Liquidation, Collateralized debt obligation, Mortgage-backed security, United States bankruptcy court
    Authors:
    Lawrence V. Gelber , David J. Karp , Daniel V. Oshinsky , Craig Stein
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Junior noteholder gets “ZING’d” as Bankruptcy Court allows involuntary filing of CDO issuer by senior noteholder
    2011-10-31

    The Bottom Line:

    Filed under:
    USA, New Jersey, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Kramer Levin Naftalis & Frankel LLP, Bankruptcy, Debtor, Collateral (finance), Security (finance), Liquidation, Collateralized debt obligation, Bank of New York Mellon, Trustee, United States bankruptcy court, US District Court for District of New Jersey
    Authors:
    Lauren Macksoud
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    ZING VII —implications for the bankruptcy remoteness of special purpose entities
    2011-09-28

    In re Zais Investment Grade Ltd. VII1 is the latest in a recent line of bankruptcy cases challenging bedrock assumptions regarding securitization special purpose entities (SPEs) and bankruptcy considerations in securitization transactions.2 Zais establishes precedent allowing a senior noteholder of a collateralized debt obligation (CDO) to place the CDO issuer in an involuntary chapter 11 bankruptcy in order to advance an asset management plan that would otherwise require supermajority approval of all noteholders (including all junior classes) under the related indenture.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Katten Muchin Rosenman LLP, Bankruptcy, Debtor, Unsecured debt, Collateral (finance), Asset management, Debt, Asset-backed security, Maturity (finance), Liquidation, Bad faith, Cashflow, Default (finance), Collateralized debt obligation, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Chris DiAngelo
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Credit swap agreement ipso facto clause struck
    2011-09-14

    Lehman Brothers Special Financing, Inc. v. Ballyrock ABS-CDO 2007-1 Limited (In re Lehman Brothers Holdings, Inc.) No. 09-01032 (JMP) (Bankr. S.D.N.Y. May 12, 2011)  

    CASE SNAPSHOT

    Filed under:
    USA, New York, Derivatives, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Surety, Debtor, Injunction, Swap (finance), Liquidation, Asset forfeiture, Default (finance), Collateralized debt obligation, Mortgage-backed security, Right to property, Lehman Brothers, US District Court for the Southern District of New York
    Authors:
    Kathleen A. Murphy
    Location:
    USA
    Firm:
    Reed Smith LLP
    Court tells junior investors in CDO “you gotta have faith” – good faith and fair dealing, that is
    2015-10-13

    Cases analyzing rights under indentures – and the transactions holders and issuers contemplate (or not) under indentures – continue to gain attention in the restructuring world.  Some of those cases involve section 316(b) of the Trust Indenture Act (see our own blog’s recent posts) and payment rights under indentures.  Others, such

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Collateral (finance), Good faith, Collateralized debt obligation
    Authors:
    Debora Hoehne
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Credit default swaps and the bankrupt counterparty — entering the undiscovered country
    2008-09-19

    The credit default swap (“CDS”) has never been tested in bankruptcy proceedings on any significant scale, particularly under recent amendments to the Bankruptcy Code. In part, this is because the CDS market is a very recent phenomenon. CDS market participants also make considerable efforts to avoid holding a credit default swap where the counterparty has gone into bankruptcy.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Caplin & Drysdale, Chartered, Bankruptcy, Credit (finance), Collateral (finance), Swap (finance), Hedge funds, Credit risk, Asset-backed security, Bailout, Default (finance), Collateralized debt obligation, Lehman Brothers cases, Credit default swap, UBS, International Swaps and Derivatives Association, Lehman Brothers, Bear Stearns, Title 11 of the US Code, US District Court for the Southern District of New York
    Location:
    USA
    Firm:
    Caplin & Drysdale, Chartered
    SIGTARP releases report on AIG rescue and payments to AIG counterparties
    2009-11-17

    On Monday, the Office of the Special Inspector General for the Troubled Asset Relief Program (SIGTARP) released a report entitled “Factors Affecting Efforts to Limit Payments to AIG Counterparties.” The report examines certain transactions related to the rescue of AIG, including the creation of Maiden Lane III, a limited liability company formed last year to facilitate the purchase of assets from counterparties of AIG Financia

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Alston & Bird LLP, Market liquidity, Limited liability company, Swap (finance), Market value, Collateralized debt obligation, Credit default swap, Troubled Asset Relief Program, US Congress, American International Group, Federal Reserve (USA), Bank of New York Mellon, Inspector general
    Authors:
    Ian Grant
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Swap termination and the subordination of termination payments in the Lehman bankruptcy
    2009-12-22

    Lehman Brothers Holdings Inc.’s September 15, 2008 bankruptcy was an event of default under thousands of derivatives contracts to which a Lehman entity was a party and for which Lehman Brothers Holdings was the guarantor. This default entitled the vast majority of Lehman’s counterparties to terminate these contracts, and almost all were terminated.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Hunton Andrews Kurth LLP, Bankruptcy, Surety, Debtor, Swap (finance), Credit risk, Liquidation, Default (finance), Collateralized debt obligation, Subsidiary, Credit default swap, Lehman Brothers, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Brian V. Otero , J. R. Smith , Robert J. Hahn , Stephen R. Blacklocks
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP
    Lehman court finds payment priority provision is unenforceable ipso facto clause, and must be part of swap for safe harbor protection
    2010-01-29

    On January 25, 2010, Judge James M. Peck of the United States Bankruptcy Court for the Southern District of New York ruled that provisions in a CDO indenture subordinating payments due to Lehman Brothers Special Financing Inc., as swap provider, constituted unenforceable ipso facto clauses under the facts and circumstances of this case. The Court also held that, because the payment priority provisions were not contained in the four corners of a swap agreement, the Bankruptcy Code’s safe harbor protections, which generally permit the operation of ipso facto clauses, did not apply.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Collateral (finance), Safe harbor (law), Swap (finance), Deed, Default (finance), Collateralized debt obligation, Lehman Brothers, Title 11 of the US Code, Constitution, United States bankruptcy court, US District Court for the Southern District of New York
    Authors:
    Mark C. Ellenberg , Peter M. Dodson
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • Page 1
    • Page 2
    • Current page 3
    • Page 4
    • Page 5
    • Page 6
    • 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