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    Bankruptcy court approves $4.1 billion DIP facility for Chrysler
    2009-05-05

    Yesterday, in a bankruptcy court hearing held for Chrysler LLC (and 24 of its wholly owned subsidiaries), which filed for Chapter 11 bankruptcy protection last Thursday, U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bankruptcy, Debtor, Collateral (finance), Budget, Investment funds, Subsidiary, Troubled Asset Relief Program, Secured loan, HM Treasury (UK), Chrysler, United States bankruptcy court
    Authors:
    Anjali Desai
    Location:
    USA
    Firm:
    Alston & Bird LLP
    In re East End Development, LLC
    2013-06-10

    In In re East End Development, LLC, 2013 WL 1820182 (Bankr. E.D.N.Y. Apr.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Debtor
    Authors:
    Kevin M. Hembree
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Chrysler files for Chapter 11 bankruptcy protection and begins restructuring
    2009-05-03

    On Thursday, under pressure from the Obama administration, Chrysler and 24 of its wholly owned U.S. subsidiaries filed for Chapter 11 bankruptcy protection in the U.S. Bankruptcy Court for the Southern District of New York. None of Chrysler’s Mexican, Canadian or other international subsidiaries are part of the filing.

    Filed under:
    USA, Insolvency & Restructuring, Alston & Bird LLP, Libor, Debtor, Health insurance, Debt, Secured loan, Pro rata, US Federal Government, United Automobile Workers, Pension Benefit Guaranty Corporation, Chrysler, United States bankruptcy court
    Authors:
    Zachary Chapman
    Location:
    USA
    Firm:
    Alston & Bird LLP
    In re Big M, Inc.
    2013-05-02

    In re Big M, Inc., No. 13-10233 (DHS), 2013 WL 1681489 (Bankr. D.N.J. April 17, 2013). In Big M, the Bankruptcy Court for the District of New Jersey (the “Bankruptcy Court”) held that the debtor’s privilege did not pass to the creditors’ committee, even though the creditors’ committee obtained authority to investigate certain of the debtor’s causes of action, because the committee was acting as a fiduciary to creditors as opposed to the debtor’s estate.

    Filed under:
    USA, New Jersey, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Debtor, Fiduciary
    Authors:
    Heather Byrd Asher
    Location:
    USA
    Firm:
    Alston & Bird LLP
    House delays vote on mortgage relief legislation
    2009-02-27

    Yesterday afternoon, the House delayed a vote on H.R. 1106, “Helping Families Save Their Homes Act of 2009” (the “Act”) after a little over an hour of debate, amidst unexpected opposition from some Democrats.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Real Estate, Alston & Bird LLP, Bankruptcy, Debtor, Fraud, Mortgage loan, Foreclosure, Deposit insurance, US Department of Justice, Federal Deposit Insurance Corporation (USA), Government Accountability Office, US House of Representatives, United States bankruptcy court, US Secretary of the Treasury
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Recent decisions on non-recourse carve-outs in CMBS loans
    2012-03-19

    Recent court decisions in the state of Michigan—Wells Fargo Bank, NA v. Cherryland Mall, ____ N.W.2d _____, 2011 WL 6785393 (Mich.App. 2011) (Cherryland) in the Michigan intermediate appellate court and 51382 Gratiot Avenue Holdings Inc. v. Chesterfield Development Company, 2011 U.S. Dist. LEXIS 142404 (E.D. Mi. Dec.

    Filed under:
    USA, Michigan, Banking, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Alston & Bird LLP, Surety, Debtor, Debt, Liability (financial accounting), Commercial mortgage-backed security, Wells Fargo
    Authors:
    Robert J. Sullivan
    Location:
    USA
    Firm:
    Alston & Bird LLP
    GM and Chrysler submit restructuring plans and request additional government assistance
    2009-02-18

    As required by the terms of the emergency assistance provided by Treasury last December, General Motors Corp.

    Filed under:
    USA, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Debtor, Accounts receivable, EBITDA, US Federal Government, United Automobile Workers, General Motors, Chrysler
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Reorganization and consolidated rulings issued
    2012-02-27

    The usual Friday release of a large number of letter rulings by the IRS included several rulings of interest on reorganizations and consolidated return issues.

    Filed under:
    USA, Insolvency & Restructuring, Tax, Alston & Bird LLP, Shareholder, Debtor, Security (finance), Liquidation, Holding company, Internal Revenue Service (USA)
    Authors:
    Jasper L. (Jack) Cummings , Jr.
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Citibank to support bankruptcy reform
    2009-01-09

    On January 6, 2009, Senator Richard Durbin (D-IL) re-introduced H.R. 200, “Helping Families Save Their Homes in Bankruptcy Act.” First introduced in the fall of 2007 by Durbin in the Senate and by Rep. John Conyers (D-MI) in the House, this bill has been the subject of three hearings, but faces opposition primarily from Republicans and representatives of the mortgage industry.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Debtor, Mortgage loan, Foreclosure, US Senate, US House of Representatives, Citigroup, Citibank, United States bankruptcy court, Chief executive officer
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Delaware Bankruptcy Court dismisses single-asset real estate Mezz debtor’s bankruptcy case for bad faith
    2012-01-26

    On December 22, 2011, the United States Bankruptcy Court for the District of Delaware inIn re JER/Jameson Mezz Borrower II LLC 1 dismissed with prejudice a mezzanine borrower’s bankruptcy case for bad faith under Section 1112(b) of the Bankruptcy Code. In doing so, the court clarified that the standard in the Third Circuit to evaluate the good faith of a debtor seeking shelter under the umbrella of Chapter 11 of the Bankruptcy Code is an objective one and does not consider the subjective good faith of a debtor as do courts within the Secon d Circuit.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bankruptcy, Debtor, Good faith, Prejudice, Title 11 of the US Code, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Jason H. Watson , David A. Wender , Jonathan T. Edwards
    Location:
    USA
    Firm:
    Alston & Bird LLP

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