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    U.S. Bankruptcy Court approves GM’s Section 363 asset sale
    2009-07-06

    Late last night, after presiding over a three-day hearing on the matter last week, U.S. Bankruptcy Judge Robert Gerber of the U.S. Bankruptcy Court for the Southern District of New York issued an order authorizing the sale of substantially all of the assets of General Motors Corporation (“Old GM”) under Section 363 of the Bankruptcy Code (“Section 363 Sale”).

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bond (finance), Bankruptcy, Debtor, Unsecured debt, Limited liability company, Liability (financial accounting), Liquidation, Warranty, Subsidiary, Title 11 of the US Code, US Department of the Treasury, United Automobile Workers, General Motors, United States bankruptcy court
    Authors:
    Anjali Desai
    Location:
    USA
    Firm:
    Alston & Bird LLP
    House Financial Services Committee holds hearing on effect of Lehman Brothers bankruptcy on state and local governments
    2009-05-05

    Today, the House Financial Services Committee, chaired by Representative Barney Frank (D-MA), held a hearing on the effects of the Lehman Brothers bankruptcy on state and local governments and other publicly-funded entities.

    Testifying at the hearing were the following witnesses:

    Panel One:

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Public, Alston & Bird LLP, Bankruptcy, Bankruptcy of Lehman Brothers, Troubled Asset Relief Program, Emergency Economic Stabilization Act 2008 (USA), US Department of the Treasury, US House of Representatives, US House Committee on Financial Services, Lehman Brothers, US Secretary of the Treasury
    Authors:
    Anjali Desai
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Iceland drops legal proceedings against UK regarding Landsbanki seizure
    2009-01-07

    Yesterday, Iceland’s Prime Minister announced that the government has decided not to bring suit against the UK authorities for the Freezing Order issued against Landsbanki by the UK authorities on October 8, 2008, on the basis of their Anti-Terrorism, Crime and Security Act.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Alston & Bird LLP, FSA, Court of Justice of the European Union
    Location:
    United Kingdom
    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
    No rents for you! Bankruptcy court finds assigned rents are not property of the estate
    2014-02-13

    On February 4, 2014, the United States Bankruptcy Court for the District of New Jersey in In re Surma, 2014 WL 413572 (Bankr. D.N.J. Feb. 4, 2014), held that rents were not property of the debtor’s bankruptcy estate because they were subject to an absolute and unconditional assignment of rents in favor of the secured lender. As a result, the court concluded that the debtor may not, through his Chapter 11 plan of reorganization, use or allocate rents.

    Background

    Filed under:
    USA, New Jersey, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Debtor, Fair market value, United States bankruptcy court
    Authors:
    Jason H. Watson , David A. Wender
    Location:
    USA
    Firm:
    Alston & Bird LLP
    In Re American roads LLC: committee of bondholders lacked standing to vote on debtor's plan of reorganization
    2013-09-10

    The U.S. Bankruptcy Court for the Southern District of New York recently held that an ad hoc committee of bondholders, holding $162.5 in senior secured bonds, lacked standing to participate in the issuer-debtor’s Chapter 11 bankruptcy case.  In re American Roads LLC, 2013 WL 4601006 (Bankr. S.D.N.Y.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bond (finance), United States bankruptcy court
    Authors:
    Kevin M. Hembree
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Impact of a client’s bankruptcy on its tort liability
    2012-01-27

    While bankruptcy law and tort law may not seem related, it is important to know if your client has ever gone through a bankruptcy and, if so, the terms of its plan of reorganization. A recent Eighth Circuit decision confirmed the importance of knowing the ins and outs of a client’s bankruptcy and the terms of the applicable plan.

    Filed under:
    USA, Aviation, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bankruptcy, Liability (financial accounting), Bankruptcy discharge, Eighth Circuit
    Location:
    USA
    Firm:
    Alston & Bird LLP
    FDIC proposes orderly liquidation rules
    2010-10-13

    Earlier today, the FDIC announced that the FDIC Board of Directors voted on Friday, October 8, 2010 to approve the issuance of a notice of proposed rulemaking (NPR) regarding the treatment of certain creditor claims under the FDIC’s new orderly liquidation authority established under Title II of the

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Bond market, Letter of credit, Unsecured debt, Collateral (finance), Board of directors, Market liquidity, Liquidation, Holding company, Subsidiary, Subordinated debt, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), US Federal Government, Federal Deposit Insurance Corporation (USA)
    Location:
    USA
    Firm:
    Alston & Bird LLP
    River Community Bank of Virginia assumes all deposits of Imperial Savings and Loan Association
    2010-08-23

    On Friday, the Office of Thrift Supervision closed Imperial Savings and Loan Association, headquartered in Martinsville, Virginia, and appointed the FDIC as receiver.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Federal Deposit Insurance Corporation (USA), Office of Thrift Supervision
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Plaza Bank assumes all of the deposits of SouthwestUSA Bank
    2010-07-25

    On Friday, the Nevada Financial Institutions Division closed SouthwestUSA Bank, headquartered in Las Vegas, Nevada, and appointed the FDIC as receiver for the bank. As receiver, the FDIC entered into a purchase and assumption agreement with Plaza Bank, headquartered in Irvine, California, to assume all of the deposits of SouthwestUSA Bank.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Share (finance), Federal Deposit Insurance Corporation (USA)
    Authors:
    Ian Grant
    Location:
    USA
    Firm:
    Alston & Bird LLP

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