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    FDIC issues opinion clarifying treatment of securitizations by financial companies subject to resolution under Title II of the Dodd-Frank Act
    2011-01-03

    Our October 2010 DechertOnPoint “FDIC Begins Action on Its Super-Resolution Rules for Covered Financial Companies” discussed how systemi-cally significant non-bank financial companies (“covered financial compa-nies”) may find themselves in unknown territory if the FDIC is appointed re-ceiver for them.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Dechert LLP, Security (finance), Board of directors, Personal property, General counsel, Good faith, Securities Industry and Financial Markets Association, Federal Deposit Insurance Corporation (USA), Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Title 11 of the US Code
    Authors:
    Thomas P. Vartanian , Malcolm S. Dorris , Robert H. Ledig , Ralph R. Mazzeo
    Location:
    USA
    Firm:
    Dechert LLP
    In re Quigley Company, Inc.: New York bankruptcy court denies confirmation of proposed Chapter 11 asbestos plan
    2010-12-31

    The early 2000s witnessed a wave of chapter 11 filings by entities with liability for asbestos personal-injury claims. The large number of filings was matched by the variety of legal strategies that companies pursued to address their asbestos liabilities in chapter 11. The chapter 11 case of Quigley Company, Inc. ("Quigley"), was one of the last large asbestos cases to file in the 2000s and represents one of the more interesting strategies for dealing with asbestos liabilities in chapter 11.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Debtor, Injunction, Consideration, Liability (financial accounting), Good faith, Parent company, Pfizer, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Brad B. Erens
    Location:
    USA
    Firm:
    Jones Day
    Second Circuit disapproves "gifting" plan and designates strategic investor’s vote as lacking good faith
    2011-02-10

    On February 7, 2011, the Court of Appeals for the Second Circuit issued a highly significant opinion in two consolidated appeals from the order of the United States District Court for the Southern District of New York affirming the bankruptcy court’s confirmation of a chapter 11 plan of reorganization for DBSD North America and its subsidiaries (DBSD).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Shareholder, Debtor, Unsecured debt, Debt, Good faith, Dissenting opinion, Balance sheet, Unsecured creditor, Leverage (finance), Warrant (finance), Sprint Corporation, Dish Network, Second Circuit, United States bankruptcy court
    Authors:
    Jeffrey A. Marks , Sandra E. Mayerson , Peter A. Zisser
    Location:
    USA
    Firm:
    Squire Patton Boggs
    TOUSA reversed: victory for the capital markets and rescue financings
    2011-02-14

    In a 113-page decision issued on February 11 (the "District Court Decision"), the United States District Court for the Southern District of Florida (Gold, J.) delivered a blistering rebuke to the Florida Bankruptcy Court (Olson, J.) when it quashed the portions of the famous / infamous 2009 TOUSA decision (the "Trial Decision") holding the so-called "Transeastern Lenders" liable for fraudulent transfers in connection with T

    Filed under:
    USA, Florida, Capital Markets, Insolvency & Restructuring, Litigation, Bracewell LLP, Bond (finance), Bankruptcy, Conflict of laws, Debt, Adoption, Good faith, Bad faith, Subsidiary, United States bankruptcy court
    Location:
    USA
    Firm:
    Bracewell LLP
    Important warnings against “gifting plans” and hostile takeover attempts in Chapter 11
    2011-02-17

    The Second Circuit Court of Appeals' February 7, 2011 decision, which reversed the confirmation of a plan of reorganization for DBSD North America, Inc. ("DBSD")1 is likely to have an impact nationwide.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Herrick Feinstein LLP, Bankruptcy, Debtor, Unsecured debt, Interest, Debt, Good faith, Bright-line rule, Bad faith, Unsecured creditor, Sprint Corporation, Dish Network, Second Circuit, United States bankruptcy court
    Authors:
    Stephen Selbst , Paul Rubin
    Location:
    USA
    Firm:
    Herrick Feinstein LLP
    TOUSA fraudulent transfer decision reversed by district court
    2011-02-22

    Reversing a controversial decision and judgment of the bankruptcy court, the United States District Court for the Southern District of Florida has held that a group of lenders who received payment in settlement of their defaulted debt from the proceeds of new loans secured by the assets of certain subsidiaries of TOUSA, Inc. which were not themselves liable on that debt, did not receive fraudulent transfers.

    Filed under:
    USA, Florida, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, White Collar Crime, Katten Muchin Rosenman LLP, Debtor, Interest, Debt, Foreclosure, Good faith, Default (finance), Subsidiary, Title 11 of the US Code, United States bankruptcy court, US District Court for Southern District of Florida
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Second Circuit rejects gifting exception to absolute priority rule and affirms vote designation for claims acquired in bad faith
    2011-02-17

    The United States Court of Appeals for the Second Circuit (the “Second Circuit”) on February 7, 2011 issued an opinion rejecting the often used gifting doctrine in the context of a plan of reorganization on the one hand, while affirming vote designation for claims not purchased in good faith on the other.In re DBSD N. Am., Inc., __ F.3d __, 2011 WL 350480 (2d Cir. Feb. 7, 2011).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Dechert LLP, Share (finance), Bankruptcy, Shareholder, Unsecured debt, Interest, Federal Reporter, Debt, Good faith, Voting, Bad faith, Secured creditor, Warrant (finance), Sprint Corporation, Dish Network, Second Circuit, United States bankruptcy court, First Circuit
    Location:
    USA
    Firm:
    Dechert LLP
    Passive investors only -- strategic investors need not apply: Dish Network Corp. v. DBSD N. AM., Inc.
    2011-02-22

    Does this sound familiar? A newly formed entity purchases distressed bank debt after the debtor has proposed a reorganization plan. The purchaser obtains a blocking position and uses its negotiating leverage to obtain control of the plan process and ultimately the borrower’s assets, which have strategic importance to the purchaser.

    Filed under:
    USA, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Richards Kibbe & Orbe LLP, Bankruptcy, Debtor, Debt, Good faith, Bad faith, Subsidiary, Leverage (finance), Secured loan, Dish Network, Second Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Richards Kibbe & Orbe LLP
    Insolvency exclusion bars broker's claim for coverage and broker's payments deemed not amounts it was "legally obligated to pay"
    2011-03-01

    The United States District Court for the Northern District of Illinois, applying Illinois law, has ruled that an insolvency exclusion barred coverage for claims arising out of an insurance broker’s placement of coverage with an insolvent insurance association. American Automobile Insurance Co. v. B.D. McClure & Associates, Ltd., 2011 WL 211204 (N.D. Ill. Jan. 21, 2011).

    Filed under:
    USA, Illinois, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Costs in English law, Voluntary association, Negligence, Liquidation, Good faith, US District Court for Northern District of Illinois
    Location:
    USA
    Firm:
    Wiley Rein LLP
    New California debt settlement bill would limit fees to no more than 15% of consumer savings
    2011-03-18

    A new bill introduced in California would prohibit debt settlement providers from charging any fees in excess of 15% of the amount of consumers’ savings as a result of any settlement.

    The Debt Settlement Consumer Act (Senate Bill 708) was introduced in February 2011 by State Senator Ellen Corbett (R-San Mateo), who headed the California Senate Judiciary Committee that stopped a proposed regulation (Assembly Bill 350) last year that had drawn support from the debt settlement industry. The bill is supported by the Center For Responsible Lending and the Consumers Union.

    Filed under:
    USA, California, Banking, Insolvency & Restructuring, Loeb & Loeb LLP, Consumer protection, Fraud, Witness, Good faith, Subpoena, Annual report, Pro rata, US Senate Committee on the Judiciary, US Code, Title 11 of the US Code
    Location:
    USA
    Firm:
    Loeb & Loeb LLP

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