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    Lehman Brothers motion to settle or assign
    2008-11-18

    On November 14, 2008, a letter was sent to derivatives counterparties of Lehman Brothers Holdings Inc. and its affiliates (collectively, “Lehman”) notifying them of Lehman’s Motion to Settle or Assign Derivative Contracts. The letter concerns a motion filed in the bankruptcy court by Lehman Brothers Debtors on November 13, 2008, which seeks to establish two procedures relating to its pre-petition derivative contracts with counterparties.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Eversheds Sutherland (US) LLP, Bankruptcy, Consent, Precondition, Default (finance), Credit rating, Lehman Brothers, United States bankruptcy court
    Location:
    USA
    Firm:
    Eversheds Sutherland (US) LLP
    Chapter 11 ruling calls into question basic tenets of securitization structures
    2009-05-29

    On May 14, 2009, Judge Allan Gropper of the US Bankruptcy Court, Southern District of New York, approved a US$400 million DIP financing package in the US$27 billion General Growth Properties, Inc. (“GGP”) Chapter 11 case. Judge Gropper’s ruling also included approval of GGP’s proposal to use cash flow generated by shopping centers, structured by GGP as bankruptcy remote, special purpose entities, to fund GGP’s ongoing central operations while in bankruptcy.  

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, White & Case, Bankruptcy, Debtor, Collateral (finance), Debt, Asset-backed security, Cashflow, Subsidiary, Commercial mortgage-backed security, Credit rating, Credit rating agency, United States bankruptcy court
    Authors:
    David Thatch , John Donovan , Jonathan Schechter , Scott Berger
    Location:
    USA
    Firm:
    White & Case
    Rating agencies dismissed from Section 11 mortgage-backed securities class action
    2010-02-01

    In a significant ruling with potentially wide-reaching implications, Judge Lewis Kaplan of the U.S. District Court for the Southern District of New York dismissed the Securities Act of 1933 causes of action (Sections 11, 12, and 15) against McGraw Hill and Moody's (the "Rating Agencies") in In re: Lehman Brother Mortgage Backed Securities Litigation.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Locke Lord LLP, Security (finance), Class action, Mortgage loan, Underwriting, Credit rating, Mortgage-backed security, Lehman Brothers, Moody's Investors Service, Securities Act 1933 (USA)
    Location:
    USA
    Firm:
    Locke Lord LLP
    Title insurance companies eliminate creditors' rights coverage for real estate buyers and lenders
    2010-02-11

    Recently, various national title insurance companies, such as First American Title Insurance Company and the entire Fidelity National Title Group—which includes Chicago Title Insurance Company, Fidelity National Title, Ticor Title, Lawyers Title, Commonwealth Land Title, Security Union Title and Alamo Title—officially announced that, effective immediately, creditors' rights coverage will no longer be available by endorsement, affirmative coverage, issuance of the American Land Title Association (ALTA) 1970 policies or otherwise. This change affects both owner's and loan policies.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Real Estate, Duane Morris LLP, Public company, Debtor, Fraud, Due diligence, Title insurance, Market value, Credit rating
    Authors:
    Darrin S. Forbes , Douglas J. Lubelchek
    Location:
    USA
    Firm:
    Duane Morris LLP
    Coeur défense: the application of the safeguard procedure
    2011-05-17

    The recent Cour de Cassation ruling in respect of the safeguard proceedings opened by Heart of La Défense SAS ("SAS Holdco") and its parent company, Sarl Dame Luxembourg ("Dame"), overturned the earlier decision of the Paris Court of Appeal in February 2010. The decision reinstated the safeguard proceedings of the two companies that were initiated in November 2008.

    Filed under:
    France, Insolvency & Restructuring, Litigation, Jones Day, Share (finance), Shareholder, Debtor, Debt, Due process, Default (finance), Credit rating, Lehman Brothers, Court of Appeal of Paris
    Authors:
    Laurent Assaya
    Location:
    France
    Firm:
    Jones Day
    Chapter 11 ruling calls into question basic tenets of securitization structures
    2009-05-29

    On May 14, 2009, Judge Allan Gropper of the US Bankruptcy Court, Southern District of New York, approved a US$400 million DIP financing package in the US$27 billion General Growth Properties, Inc. (“GGP”) Chapter 11 case. Judge Gropper’s ruling also included approval of GGP’s proposal to use cash flow generated by shopping centers, structured by GGP as bankruptcy remote, special purpose entities, to fund GGP’s ongoing central operations while in bankruptcy.  

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, White & Case LLP, Bankruptcy, Debtor, Collateral (finance), Debt, Asset-backed security, Cashflow, Subsidiary, Commercial mortgage-backed security, Credit rating, Credit rating agency, United States bankruptcy court
    Authors:
    David Thatch , Scott Berger
    Location:
    USA
    Firm:
    White & Case LLP
    What is next for high yield bonds?
    2008-01-31

    This article was published in slightly different format in the January 2008 issue of Credit Magazine.

    Filed under:
    European Union, United Kingdom, Banking, Insolvency & Restructuring, White & Case LLP, Bond (finance), Shareholder, Interest, Market liquidity, Debt, Refinancing, Default (finance), Credit rating, Distressed securities, Write-off, Title 11 of the US Code, Bank of England
    Location:
    European Union, United Kingdom
    Firm:
    White & Case LLP
    Lehman bankruptcy – procedures for the settlement or assumption and assignment of derivative contracts
    2008-11-17

    On November 13, 2008, Lehman Brothers Holdings Inc. and its affiliated debtors in Chapter 11 (collectively, “Lehman”) filed a motion (the “Motion”) seeking Bankruptcy Court approval of procedures (the “Procedures”) for the assumption and assignment of derivative contracts not yet terminated by its various counterparties, as well confirmation of Lehman’s right to enter into settlement agreements for the termination of derivative contracts that have been terminated by its counterparties post-petition.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Kramer Levin Naftalis & Frankel LLP, Bankruptcy, Debtor, Collateral (finance), Consideration, Margin (finance), Dispute resolution, Liquidation, Default (finance), Credit rating, Lehman Brothers, United States bankruptcy court
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Delaware’s not so safe harbors: Third Circuit Bankruptcy Court declines to rule that a payment on a letter of credit is an avoidance-proof “settlement payment”
    2012-04-17

    On March 26, 2012, Judge Mary F. Walrath of the United States Bankruptcy Court for the District of Delaware refused to rule that, as a matter of law, payments made to satisfy a debtor’s obligations under a letter of credit constitute “settlement payments” protected from avoidance under section 546(e) of the Bankruptcy Code. EPLG I, LLC v. Citibank, National Association et al. (In re Qimonda Richmond, LLC, et al.), No. 09-10589, 2012 Bankr. LEXIS 1264 (Bankr.

    Filed under:
    USA, Delaware, Banking, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bond (finance), Letter of credit, Debtor, Credit rating, Citibank, United States bankruptcy court, Third Circuit
    Authors:
    Mark C. Ellenberg , Peter M. Friedman , Michele C. Maman , Casey Servais
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    American home court expands scope of repo safe harbor
    2008-06-30

    On May 23, 2008, in American Home Mortgage Investment Corp. v. Lehman Bros. Inc.(In re American Home Mortgage Corp.),1 the United States Bankruptcy Court for the District of Delaware ruled that BBB-rated mortgagebacked notes are eligible for the Bankruptcy Code’s repurchase agreement safe harbor as “interests in mortgage loans”.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Debtor, Collateral (finance), Security (finance), Breach of contract, Safe harbor (law), Interest, Market liquidity, Mortgage loan, Foreclosure, Broker-dealer, Credit rating, Mortgage-backed security, Commercial paper, Title 11 of the US Code, Uniform Commercial Code (USA), Lehman Brothers, United States bankruptcy court
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP

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