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
    Lehman Brothers: another derivatives dispute resolved in favor of Lehman
    2011-05-23

    In a decision entirely consistent with its ruling in the “Perpetual” adversary proceeding last year, on May 12, 2011, the United States Bankruptcy Court in the Lehman chapter 11 cases endorsed a strict interpretation of certain Bankruptcy Code provisions to the benefit of Lehman, which will result in Lehman having more leverage in its negotiations with derivatives counterparties. See Lehman Brothers Special Financing Inc. v. Ballyrock ABS CDO 2007-1 Limited and Wells Fargo Bank, N.A., Trustee, Adv. Proc. 09-01032 (Bankr. S.D.N.Y. May 12, 2011).

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Litigation, Chadbourne & Parke LLP, Bankruptcy, Injunction, Swap (finance), Default (finance), Collateralized debt obligation, Credit default swap, Mortgage-backed security, Wells Fargo, Lehman Brothers, Title 11 of the US Code, Trustee, United States bankruptcy court
    Authors:
    Christy L. Rivera
    Location:
    USA
    Firm:
    Chadbourne & Parke LLP
    MSHDA v. Lehman: trying to keep the safe harbor safe for swap counterparties
    2011-06-24

    On January 25, 2010, United States Bankruptcy Court Judge James M. Peck issued a decision that limited the ability of parties to swap transactions to enforce certain of their contractual rights against a counterparty that has filed for bankruptcy. See Lehman Brothers Special Financing Inc. v. BNY Corporate Trustee Services Ltd.1 (the “BNY Decision”).

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Litigation, Richards Kibbe & Orbe LLP, Bankruptcy, Safe harbor (law), Swap (finance), Liquidation, Default (finance), Derivatives market, International Swaps and Derivatives Association, Lehman Brothers, Title 11 of the US Code, Constitution, Trustee, United States bankruptcy court
    Location:
    USA
    Firm:
    Richards Kibbe & Orbe LLP
    Court holds that a bankruptcy termination provision that subordinates an in-the-money debtor’s right to a distribution may be an unenforceable ipso facto provision
    2011-06-16

    In Lehman Brothers Special Financing, Inc. v. Ballyrock ABS CDO 2007-1 Limited (In re Lehman Brothers Holdings, Inc.), Adv. P. No. 09-01032 (JMP) (Bankr. S.D.N.Y. May 12, 2011) [hereinafter “Ballyrock”], the United States Bankruptcy Court for the Southern District of New York held that a contractual provision that subordinates the priority of a termination payment owing under a credit default swap (CDS) to a debtor in bankruptcy, and which caps the amount of the termination payment, may be an unenforceable ipso facto clause under section 541(c)(1)(B).

    Filed under:
    USA, New York, Derivatives, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bankruptcy, Debtor, Injunction, Statutory interpretation, Safe harbor (law), Swap (finance), Liquidation, Default (finance), Credit default swap, Lehman Brothers, Title 11 of the US Code, United States bankruptcy court, US District Court for the Southern District of New York
    Authors:
    Dennis J. Connolly , David A. Wender , Jason H. Watson , William S. Sugden , John C. Weitnauer (Kit) , Jonathan T. Edwards
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Swap agreement safe harbors at risk in latest Lehman dispute
    2015-03-17

    On May 30, 2014, hedge fund Moore Capital (Moore) brought suit against the Lehman Brothers bankruptcy estate (Lehman) in the Southern District of New York bankruptcy court, seeking a declaratory judgment that it acted properly when it terminated swap agreements and setoff termination amounts in the time between the filing of the parent company Lehman Brothers Holdings Inc. (LBHI) and the eve of bankruptcy filings weeks later of Moore’s Lehman counterparties1.

    Filed under:
    USA, New York, Derivatives, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Lehman Brothers cases, Lehman Brothers
    Authors:
    Craig R. Enochs , Paul B. Turner , James M. Pappenfus
    Location:
    USA
    Firm:
    Reed Smith LLP
    Lawmakers and regulators continue focus on strategies for resolving SIFIs
    2015-01-27

    The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 contains two sets of provisions for managing the insolvency of financial institutions. First, the legislation creates an Orderly Liquidation Authority (OLA), a comprehensive regime for resolving a financial institution whose failure is determined to potentially endanger the U.S. financial system.

    Filed under:
    USA, Banking, Capital Markets, Derivatives, Insolvency & Restructuring, Skadden Arps Slate Meagher & Flom LLP, Securities Investor Protection Corporation, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA)
    Authors:
    Cyrus Amir-Mokri , Van C. Durrer II , William J. Sweet, Jr. , Collin P. Janus
    Location:
    USA
    Firm:
    Skadden Arps Slate Meagher & Flom LLP
    Financial services update December 8 2014 insights
    2014-12-08

    The International Swaps and Derivatives Association, Inc. (“ISDA”) published the ISDA 2014 Resolution StayProtocol (the “Protocol”) on November 12, 2014 in response to continued efforts by regulators to build additional flexibility into the statutory regimes that would apply in the event of the insolvency of a major financial institution.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Winston & Strawn LLP, Financial regulation, International Swaps and Derivatives Association
    Authors:
    Sara F. Franklin
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Six industry organizations urge FSB to stop promoting potential suspension of counterparties’ early termination rights in US bankruptcy actions
    2014-11-09

    Six trade associations representing non-dealer swap market participants sent a letter to the Financial Stability Board on November 4, urging the FSB to reconsider its initiative to promote contractual waivers of default rights under industry-standard derivative master agreements. The letter, signed by the Managed Funds Association, the Alternative Investment Management Association Limited, the American Council of Life Insurers, the Association of Institutional Investors, the Commodity Customer Coalition and the Commodity Markets Council, responds to comments made by the FSB in the cons

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Katten Muchin Rosenman LLP, Financial Stability Board
    Authors:
    Gary DeWaal
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Hedge fund and its partner and lawyer fail on motion to dismiss for breach of fiduciary duty
    2014-10-05

    A case against a hedge fund, and one of its partners and in-house counsel, related to actions at a portfolio company and alleging breach of fiduciary duties survived a motion to dismiss.  The portfolio company, alleged to be insolvent, was a credit derivative product company that had a subsidiary that wrote credit default swaps.

    Filed under:
    USA, Capital Markets, Derivatives, Insolvency & Restructuring, Litigation, Stinson LLP, Breach of contract, Fiduciary, Hedge funds, Credit derivative
    Authors:
    Stephen M. Quinlivan
    Location:
    USA
    Firm:
    Stinson LLP
    Breaking the ISDA section 2(a)(III) insolvency stalemate
    2014-06-30

    stale-mate

    [steyl-meyt]

    noun

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Morrison & Foerster LLP, International Swaps and Derivatives Association
    Authors:
    Jeremy C. Jennings-Mares , Peter J. Green , David H. Kaufman , Julian E. Hammar , Akihiro Wani
    Location:
    USA
    Firm:
    Morrison & Foerster LLP
    Sentinel decision prioritizes protection of securities and futures markets
    2014-03-26

    On March 19, 2014, the U.S. Court of Appeals for the Seventh Circuit decided Grede v. FCStone, LLC, Nos. 13-1232, 13-1278 (7th Cir. Mar. 19, 2014), an opinion that reinforces the importance of the portability of investment accounts carrying commodity customer funds. The Seventh Circuit held that commodity futures customer funds must be protected in an insolvency situation, and that the release of customer funds to meet margin obligations should be upheld at all costs.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Litigation, Foley & Lardner LLP, Bankruptcy, Security (finance), Investment management, Commodity broker, Futures exchange, Title 11 of the US Code, United States bankruptcy court, Seventh Circuit
    Authors:
    Stephen P. Bedell , Robert S. (Rob) Bressler , Geoffrey S. Goodman , David B. Goroff , Thomas P. Krebs , William J. McKenna
    Location:
    USA
    Firm:
    Foley & Lardner LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 22
    • Page 23
    • Page 24
    • Page 25
    • Current page 26
    • Page 27
    • Page 28
    • Page 29
    • Page 30
    • …
    • 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