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
    Funds Talk: June 2019
    2019-06-01

    EMIR REFIT – Implications for Fund Managers 

    Filed under:
    European Union, USA, New York, Banking, Capital Markets, Corporate Finance/M&A, Environment & Climate Change, Insolvency & Restructuring, Real Estate, Kramer Levin Naftalis & Frankel LLP, US Department of Justice, Federal Reserve (USA), European Market Infrastructure Regulation (2012/648/EU)
    Location:
    European Union, USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Banco Popular de Puerto Rico assumes all of the deposits of Westernbank Puerto Rico
    2010-05-01

    Yesterday, the Office of the Commissioner of Financial Institutions of the Commonwealth of Puerto Rico closed Westernbank Puerto Rico, headquartered in Mayaguez, Puerto Rico, and the FDIC was appointed receiver.

    Filed under:
    Puerto Rico, USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Share (finance), Consideration, Federal Deposit Insurance Corporation (USA), Federal Reserve (USA)
    Authors:
    Melinda C. Calisti
    Location:
    Puerto Rico, USA
    Firm:
    Alston & Bird LLP
    Fed Proposes Restrictions on Counterparties to Biggest Banks From Cancelling Certain Non-Cleared Financial Contracts After a Bank Enters Bankruptcy
    2016-05-08

    The Board of Governors of the Federal Reserve System proposed a rule that would require US global systemically important banking institutions to amend their contracts for certain common financial transactions to preclude the immediate termination of such contracts if a firm enters bankruptcy or a resolution process. Relevant contracts – termed “qualified financial contracts” – that would have to be amended include those used for derivatives, securities lending and short time financing such as repurchase agreements.

    Filed under:
    Global, USA, Banking, Derivatives, Insolvency & Restructuring, Katten Muchin Rosenman LLP, Federal Reserve Board, Federal Reserve (USA)
    Authors:
    Gary DeWaal
    Location:
    Global, USA
    Firm:
    Katten Muchin Rosenman LLP
    Creditors of a Limited Partnership or a Limited Liability Company Lack Standing to Sue Derivatively Under Certain State Laws
    2019-06-26

    The Bottom Line

    In Gavin/Solmonese LLC, Liquidation Trustee for the Citadel Creditors’ Grantor Trust, successor to Citadel Watford City Disposal Partners, L.P., et al. v. Citadel Energy Partners, LLC, et al., Ch. 11 Case No. 15-11323; Adv. Proc. No. 17-50024 (Bankr. D. Del. May 2, 2019) (“Citadel”), the Bankruptcy Court for the District of Delaware held that creditors of insolvent limited partnerships and limited liability companies do not have standing to sue derivatively on behalf of the company under applicable state law.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Federal Reserve (USA)
    Authors:
    Nancy M. Bello
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Fourth Circuit Overrules Witt v. United Cos. Lending Corp. (In re Witt)
    2019-06-18

    In Witt v. United Cos. Lending Corp. (“In re Witt”), 113 F.3d 508 (4th Cir. 1997), the Fourth Circuit held that Chapter 13 debtors are not permitted to bifurcate undersecured home mortgage loans into separate secured and unsecured claims. In re Witt, 113 F.3d at 509. Recently, the Court overruled this twenty-two-year-old decision in an en banc opinion, Hurlburt v. Black, No. 17-2449, 2019 WL 2237966 (4th Cir. 2019).

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, Federal Reserve (USA), Title 11 of the US Code
    Authors:
    D. Kyle Deak , Mary Scruggs
    Location:
    USA
    Firm:
    Troutman Pepper
    A decade later; could it happen again?
    2018-09-14

    On September 15, 2008, Lehman Brothers declared bankruptcy, an event considered by many to mark the beginning of the credit crisis of 2008–2009 and the unprecedented public policy responses that followed. Much has been written about the multiple contributing factors to the crisis, ranging from predatory lending to Federal Reserve interest rate policy.

    Filed under:
    USA, Banking, Capital Markets, Company & Commercial, Derivatives, Insolvency & Restructuring, IT & Data Protection, K&L Gates LLP, Fintech, Troubled Asset Relief Program, US Securities and Exchange Commission, Commodity Futures Trading Commission (USA), Federal Reserve (USA), Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Emergency Economic Stabilization Act 2008 (USA)
    Authors:
    Daniel F. C. Crowley , Bruce J. Heiman , William A. Kirk , Karishma Shah Page , Dean Brazier , Eli M. Schooley , Daniel S. Cohen
    Location:
    USA
    Firm:
    K&L Gates LLP
    Federal Reserve Adopts Rule Requiring GSIBs to Amend QFC Transactions to Limit Termination Rights of Counterparties
    2017-10-26

    On September 1, 2017, the Board of Governors of the Federal Reserve System (the Federal Reserve) adopted a rule (the Rule)1 that will require global systemically important U.S. bank holding companies (U.S. GSIBs)2 and most of their subsidiaries to amend a range of derivatives, short-term funding transactions, securities lending transactions and other qualifying financial contracts (QFCs). The required amendments will limit counterparty termination rights related to certain U.S. GSIB resolution and bankruptcy proceedings.

    Filed under:
    USA, Banking, Derivatives, Insolvency & Restructuring, Sidley Austin LLP, Bankruptcy, Bank holding company, Office of the Comptroller of the Currency (USA), Federal Deposit Insurance Corporation (USA), Federal Reserve (USA), International Swaps and Derivatives Association, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA)
    Location:
    USA
    Firm:
    Sidley Austin LLP
    Federal Reserve Proposed Rule Imposes New Restrictions on Exercise of Default Rights Under Qualified Financial Contracts
    2016-06-22

    The Board of Governors of the Federal Reserve System (the "Federal Reserve") recently issued a proposed rule (the "Proposed Rule") that would significantly limit derivative counterparty remedies upon the insolvency of US global systematically important banking organizations ("GSIB") and their affiliates and the US operations of foreign GSIBs (collectively, "Covered Entities").

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Hunton Andrews Kurth LLP, Default (finance), Federal Reserve (USA), Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA)
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP
    Republicans circulate substitute summary of Financial Regulatory Reform Bill; cloture motion on Senate bill fails for third time
    2010-04-28

    Yesterday, Senate Republicans circulated a brief summary of the Financial Regulatory Improvement and Taxpayer Protection Act, a Republican substitute to the Restoring American Financial Stability Act of 2010 (S.3217) previously

    Filed under:
    USA, Banking, Capital Markets, Derivatives, Insolvency & Restructuring, Insurance, Alston & Bird LLP, Bankruptcy, Consumer protection, Swap (finance), Liquidation, Default (finance), Federal Deposit Insurance Corporation (USA), US Congress, US Department of the Treasury, US Senate, Federal Reserve (USA), US Republican Party, US Senate Committee on Banking, Housing and Urban Affairs, US Senate Committee on Agriculture, Nutrition and Forestry, US Democratic Party, US Secretary of the Treasury, United States bankruptcy court
    Authors:
    Darren Cooper
    Location:
    USA
    Firm:
    Alston & Bird LLP
    House Committee on Financial Services holds hearing on Lehman Bankruptcy examiner’s report
    2010-04-26

    On April 20, the House Committee on Financial Services held a hearing to discuss public policy issues raised by last month’s report of court-appointed bankruptcy examiner for Lehman Brothers Holdings Inc. (Lehman Brothers), Mr. Anton R. Valukas. The Committee heard testimony from the following witnesses:

    Panel One:

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Audit, Board of directors, Accounting, Defamation, Balance sheet, US Securities and Exchange Commission, Federal Reserve (USA), FSAB, US House Committee on Financial Services, Chair of the Federal Reserve, Lehman Brothers, Ernst & Young, Chief executive officer
    Authors:
    Dianne Trenholm
    Location:
    USA
    Firm:
    Alston & Bird LLP

    Pagination

    • Current page 1
    • Page 2
    • Page 3
    • Page 4
    • Page 5
    • 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