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    “Strong arm” powers Round 3: what happens if a mortgage is recorded before a deed?
    2012-09-20

    Olsen v. Heaver (In re Heaver), 473 B.R. 734 (Bankr. N.D. Ill. 2012) –

    The short story is that when a deed and mortgage are executed at the same time, but the mortgage is recorded before the deed, the recorded mortgage does not provide constructive notice and can be avoided in a bankruptcy – at least under Illinois law as interpreted by the Heaver bankruptcy court.

    Filed under:
    USA, Illinois, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Mortgage loan, Deed, Conveyancing, Constructive notice, United States bankruptcy court
    Location:
    USA
    Firm:
    Troutman Pepper
    Update on Insider Litigation
    2015-12-10

    The U.S. Bankruptcy Court for the Northern District of Illinois ordered the “equitable subordination” of insider secured claims against a Chapter 11 debtor on Nov.

    Filed under:
    USA, Illinois, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Debtor, United States bankruptcy court
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    First Midwest Bank assumes all of the deposits of Peotone Bank and Trust Company
    2010-04-25

    Friday, the Illinois Department of Financial and Professional Regulation, Division of Banking closed Peotone Bank and Trust Company, headquartered in Peotone, Illinois, and the FDIC was appointed receiver.

    Filed under:
    USA, Illinois, Banking, Insolvency & Restructuring, Alston & Bird LLP, Federal Deposit Insurance Corporation (USA)
    Authors:
    Jessica Hartzog
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Wheaton Bank & Trust assumes all of the deposits of Wheatland Bank
    2010-04-25

    Friday, the Illinois Department of Financial and Professional Regulation, Division of Banking closed Wheatland Bank, headquartered in Naperville, Illinois, and the FDIC was appointed receiver.

    Filed under:
    USA, Illinois, Banking, Insolvency & Restructuring, Alston & Bird LLP, Federal Deposit Insurance Corporation (USA)
    Authors:
    Jessica Hartzog
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Heartland Bank and Trust Company assumes deposits of Bank of Illinois
    2010-03-06

    On Friday, the Illinois Department of Financial Professional Regulation – Division of Banking closed Bank of Illinois, headquartered in Normal, Illinois, and the FDIC was named receiver.

    Filed under:
    USA, Illinois, Banking, Insolvency & Restructuring, Alston & Bird LLP, Federal Deposit Insurance Corporation (USA)
    Authors:
    Lawanna Kimbro
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Firstmerit Bank, N.A. assumes all of the deposits of George Washington Savings Bank
    2010-02-20

    On Friday, the Illinois Department of Financial and Professional Regulation – Division of Banking closed George Washington Savings Bank, headquartered in Orland Park, Illinois, and the FDIC was named receiver.

    Filed under:
    USA, Illinois, Banking, Insolvency & Restructuring, Alston & Bird LLP, Federal Deposit Insurance Corporation (USA)
    Authors:
    Lawanna Kimbro
    Location:
    USA
    Firm:
    Alston & Bird LLP
    FDIC creates bridge bank to take over operations of Independent Bankers’ Bank
    2009-12-21

    On Friday, the Illinois Department of Financial and Professional Regulation – Division of Banking closed Independent Bankers’ Bank, headquartered in Springfield, Illinois, and theFDIC was named as receiver. As receiver, the FDIC created Independent Bankers’ Bank Bridge Bank, National Association to take over the operations of the failed bank.

    Filed under:
    USA, Illinois, Banking, Insolvency & Restructuring, Alston & Bird LLP, Federal Deposit Insurance Corporation (USA)
    Location:
    USA
    Firm:
    Alston & Bird LLP
    MB Financial Bank assumes deposits of Benchmark Bank
    2009-12-07

    On Friday, the Illinois Department of Financial and Professional Regulation - Division of Banking closed Benchmark Bank, headquartered in Aurora, Illinois, and the FDIC was named as receiver.

    Filed under:
    USA, Illinois, Banking, Insolvency & Restructuring, Alston & Bird LLP, Federal Deposit Insurance Corporation (USA)
    Location:
    USA
    Firm:
    Alston & Bird LLP
    MB Financial Bank assumes deposits of InBank
    2009-09-07

    The Illinois Department of Financial and Professional Regulation, Division of Banking, closed InBank, headquartered in Oak Forest, Illinois, and the FDIC was named as receiver. The FDIC entered into a purchase and assumption agreement with MB Financial Bank, N.A., headquartered in Chicago, Illinois, to assume all the deposits of InBank except certain brokered deposits.

    Filed under:
    USA, Illinois, Banking, Insolvency & Restructuring, Alston & Bird LLP, Investment funds, Federal Deposit Insurance Corporation (USA)
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Payments to a REMIC trust find safe harbor, but another storm is brewing…
    2015-08-03

    The Bankruptcy Court for the Northern District of Illinois issued a noteworthy opinion for those whose work involves real estate mortgage conduit trusts (REMIC trusts) or utilization of the Bankruptcy Code’s “safe harbor” provisions. In In re MCK Millennium Ctr. Parking, LLC,1 Bankruptcy Judge Jacqueline P.

    Filed under:
    USA, Illinois, Insolvency & Restructuring, Litigation, Securitization & Structured Finance
    Location:
    USA

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