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    GGP bankruptcy court denies motions to dismiss twenty property level bankruptcy cases as bad faith filings
    2009-08-13

    On August 11, 2009, in one of the most significant rulings to date in the GGP bankruptcy proceeding, the Bankruptcy Court denied motions to dismiss as bad faith filings the bankruptcy cases of 20 GGP property-level subsidiaries. In denying the motions, the court stated that the fundamental creditor protections negotiated in the special purpose entity structures at the property level are in place and will remain in place during the pendency of the chapter 11 cases.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Collateral (finance), Interest, Debt, Maturity (finance), Good faith, Involuntary dismissal, Bad faith, Refinancing, Default (finance), Debtor in possession, Subsidiary, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Litigation challenges counterparty right to withhold payments under Section 2(a)(iii) of ISDA Master Agreement as violation of automatic stay provisions of US Bankruptcy Code
    2009-08-11

    In a recently filed motion in the United States Bankruptcy Court Southern District of New York (the “Motion”), Lehman Brothers Holdings Inc. (“LBHI”) is seeking to compel Metavante Corporation (“Metavante”) to perform its obligations under a swap agreement between Metavante and Lehman Brothers Special Financing Inc.

    Filed under:
    USA, New York, Derivatives, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Condition precedent, Libor, Debtor, Safe harbor (law), Interest, Swap (finance), Liquidation, Default (finance), Lehman Brothers, United States bankruptcy court
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Important cross-border enforcement decision by the New York courts
    2009-08-10

    Summary

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Norton Rose Fulbright, Debtor, Interest, Arbitration award, Personal jurisdiction, Debt, Personal property, Default judgment, Extraterritoriality, Contempt of court, Dissenting opinion, Subsidiary, Forum shopping
    Authors:
    Charles Evans , Michael Godden , Roger Heward , Philip Roche , Joe Tirado
    Location:
    USA
    Firm:
    Norton Rose Fulbright
    Ripe for dispute: the sale of non-debtor SPE interests under the Bankruptcy Code
    2009-08-19

    By some accounts, there is over $300 billion of commercial real estate debt set to mature over each of the next four years. As a result of a lack of demand, a lack of liquidity and lackluster valuations, a significant portion of this debt will go into default. In many cases, bankruptcies will ensue for both the projects and their owners.

    Filed under:
    USA, Insolvency & Restructuring, Real Estate, Stinson LLP, Bankruptcy, Debtor, Commercial property, Interest, Market liquidity, Limited liability company, Limited liability partnership, Debt, Limited partnership, Asset forfeiture, Default (finance), Right of first refusal, United States bankruptcy court
    Location:
    USA
    Firm:
    Stinson LLP
    T&E litigation update: Greene v. Mullarkey
    2009-08-28

    In Greene v. Mullarkey, Case No. 07-30561-HJB, Adversary Proceeding No. 08-03009, 2009 Bankr. LEXIS 2191 (Bankr. D. Mass. Aug. 13, 2009), Christine Greene, her brother Matthew Mullarkey, and his wife Nicole Mullarkey were entangled in what the Bankruptcy Court described as an intra-family feud. The feud related to ownership of a two-family residential property and "played out on or in the property's porch, attic, basement, garage, yard and in-ground pool," prompting the Court to pay its "respect and admiration for the work done by the Massachusetts Probate and Family Court."

    Filed under:
    USA, Massachusetts, Insolvency & Restructuring, Litigation, Real Estate, Day Pitney LLP, Bankruptcy, Debtor, Fraud, Fiduciary, Interest, Beneficiary, Debt, Estoppel, Conveyancing, Bankruptcy discharge, Trustee, United States bankruptcy court
    Location:
    USA
    Firm:
    Day Pitney LLP
    GGP: single purpose entity or all in the corporate family?
    2009-08-25

    On August 11, 2009, in a long-anticipated ruling in the Chapter 11 case of General Growth Properties, Inc. (GGP), the court denied the motions to dismiss that had been brought on behalf of several of the property-level lenders.1 Few, if any, observers expected that the court would grant these motions and actually dismiss any of the individual SPE borrowers from the larger GGP bankruptcy, as doing so would have likely opened the door for the other secured lenders to seek dismissal.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Securitization & Structured Finance, Alston & Bird LLP, Bankruptcy, Debtor, Interest, Good faith, Cashflow, Secured creditor, Subsidiary, Commercial mortgage-backed security, Mortgage-backed security, Secured loan
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Congressional Oversight Panel releases report on use of TARP funds to reorganize U.S. auto industry
    2009-09-11

    After holding a hearing on the topic this past July, the Congressional Oversight Panel (COP) released a report earlier this week entitled, “The Use of TARP Funds in Support and Reorganization of the Domestic Automotive Industry,” examining how TARP funds have been used to support and reorganize both

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Conflict of interest, Public company, Bankruptcy, Shareholder, Fiduciary, Interest, Privately held company, Due diligence, Troubled Asset Relief Program, US Federal Government, HM Treasury (UK), US Department of the Treasury, General Motors, Chrysler
    Authors:
    Anjali Desai
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Bankruptcy court orders swap counterparty to pay Lehman Brothers despite event of default
    2009-09-25

    The United States Bankruptcy Court for the Southern District of New York entered an order on Sept. 17, 2009, granting a motion filed by Lehman Brothers Special Financing Inc. (“LBSF”) to compel Metavante Corporation (“Metavante”) to continue to make payments to LBSF under an ISDA Master Agreement.

    Filed under:
    USA, New York, Derivatives, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Bankruptcy, Condition precedent, Debtor, Safe harbor (law), Interest, Swap (finance), Motion to compel, Liquidation, Default (finance), US Congress, Lehman Brothers, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Lawrence V. Gelber , Craig Stein , Kristin Boggiano
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Bankruptcy court prohibits counterparty's suspension of payments to Lehman under open derivative contract
    2009-10-06

    In a significant decision recently handed down in the Lehman bankruptcy case, the United States Bankruptcy Court for the Southern District of New York held that a non-defaulting counterparty acted improperly by suspending payments under an open derivative contract with Lehman Brothers Special Financing Inc. ("LBSF").

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Litigation, Venable LLP, Bankruptcy, Condition precedent, Libor, Debtor, Safe harbor (law), Interest, Swap (finance), Liquidation, Default (finance), Lehman Brothers, United States bankruptcy court
    Location:
    USA
    Firm:
    Venable LLP
    US Bankruptcy Court denies counterparty contractual right to withhold payments under Section 2(a)(iii) of the ISDA Master Agreement
    2009-10-02

    On September 15, 2009, the United States Bankruptcy Court of the Southern District of New York ordered Metavante Corporation (“Metavante”) to make payments to Lehman Brothers Special Financing Inc. (“LBSF”) under a prepetition interest rate swap agreement guaranteed by Lehman Brothers Holdings Inc. (“LBHI” and, together with LBSF, “Lehman”) after Metavante had suspended ordinary course settlement payments under the swap.1 Metavante claimed a contractual right to withhold payment under Section 2(a)(iii) of the 1992 ISDA Master Agreement as a result of Lehman’s bankruptcy.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Litigation, White & Case, Bankruptcy, Condition precedent, Libor, Debtor, Safe harbor (law), Interest, Swap (finance), Concession (contract), Default (finance), Lehman Brothers, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Ian Cuillerier , Abraham Zylberberg
    Location:
    USA
    Firm:
    White & Case

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