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    FHFA proposes rules on GSE conservatorships and receiverships
    2010-07-08

    The Federal Housing Finance Agency (FHFA) has proposed new rules to "codify the terms of conservatorship and receivership operations for Fannie Mae, Freddie Mac and the Federal Home Loan Banks," as required by the Housing and Economic Recovery Act of 2008.

    Filed under:
    USA, Insolvency & Restructuring, Alston & Bird LLP, Shareholder, Breach of contract, Interest, Liability (financial accounting), American Recovery and Reinvestment Act 2009 (USA), Federal Deposit Insurance Corporation (USA), Federal Housing Finance Agency
    Authors:
    David E Brown
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Bank of Spain releases details of restructuring of savings bank sector
    2010-07-01

    On Tuesday, the Bank of Spain released details regarding the status of the restructuring of the Spanish savings bank sector, in what it called “the biggest overhaul of the Spanish banking sector in recent history.” The Bank also provided details regarding funding for bank restructurings supplied by the Fund for the Orderly Restructuring of the Banking Sector (FROB),

    Filed under:
    Spain, Banking, Insolvency & Restructuring, Alston & Bird LLP, Liability (financial accounting), Preferred stock, European Commission
    Authors:
    Colin Roberts
    Location:
    Spain
    Firm:
    Alston & Bird LLP
    Washington Mutual files revised reorganization plan with the support of the FDIC, JPMorgan Chase and unsecured creditors
    2010-05-23

    On Friday, Washington Mutual Inc. (WMI), the holding company that owned Washington Mutual Bank (WMB), filed a disclosure statement and amended reorganization plan with the U.S.

    Filed under:
    USA, Delaware, Banking, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Share (finance), Debtor, Security (finance), Option (finance), Mortgage loan, Liability (financial accounting), Reinsurance, Liquidation, Holding company, Subsidiary, Preferred stock, Federal Deposit Insurance Corporation (USA), JPMorgan Chase, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Andrew Jones
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Dubai World and Nakheel propose debt restructuring, including $9.5 billion from Dubai government
    2010-03-25

    Today, Dubai World announced that it has presented a restructuring proposal to the Coordinating Committee representing its creditors on the restructuring of $23.5 billion of total financial liabilities of Dubai World as of December 31, 2009.

    Filed under:
    United Arab Emirates, Insolvency & Restructuring, Alston & Bird LLP, General contractor, Interest, Debt, Liability (financial accounting), Investment funds, Subsidiary, Debt restructuring
    Authors:
    Darren Cooper
    Location:
    United Arab Emirates
    Firm:
    Alston & Bird LLP
    Dexia and European regulators agree on restructuring deal
    2010-02-10

    Last Friday, financial services group Dexia SA announced that it had reached an agreement with the European Commission relating to its restructuring plan. Dexia had previously received approximately €6.4 billion in bailout money from Belgium, France and Luxembourg. Pursuant to the negotiated restructuring plan, Dexia will:

    Filed under:
    European Union, Banking, Insolvency & Restructuring, Alston & Bird LLP, Dividends, Asset management, Liability (financial accounting), Bailout, Balance sheet, European Commission
    Authors:
    Sarah Whitlock
    Location:
    European Union
    Firm:
    Alston & Bird LLP
    Lehman estate sues Barclays over "windfall profits"
    2009-11-17

    Yesterday, the bankrupt estate of Lehman Brothers Holdings, Inc. (Lehman) sued Barclays Capital, Inc.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Punitive damages, Bankruptcy, Collateral (finance), Fiduciary, Margin (finance), Liability (financial accounting), Broker-dealer, Barclays, Lehman Brothers
    Authors:
    Darren Cooper
    Location:
    USA
    Firm:
    Alston & Bird LLP
    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
    Pension Protection Fund: 2012/13 levy
    2011-07-04

    Proposals issued October 2010

    Confirmation given 31 January 2011

    Policy statement issued May 2011

    Draft guidance on the bespoke measurement of investment risk issued May 2011. Consultation ends on 24 June 2011

    Consultation on the 2012/13 levy determination expected in autumn 2011

    The PPF has confirmed its intention to implement a new levy framework from 2012/13. Key features of the framework confirmed in the policy statement include:

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Hogan Lovells, Public consultations, Option (finance), Liability (financial accounting), Pension Protection Fund
    Authors:
    Jane Samsworth , Katie Banks , Duncan Buchanan , Claire Southern
    Location:
    United Kingdom
    Firm:
    Hogan Lovells
    CIRC clarifies certain issues regarding the administration of insurance companies’ solvency
    2009-01-27

    On October 21, 2008, the China Insurance Regulatory Commission of the PRC (CIRC) issued the Circular on Implementing the Administrative Provisions on the Solvency of Insurance Companies which went into effect on the same day. The Administrative Provisions on the Solvency of Insurance Companies, which the Circular intends to implement, replaced the 2003 Provisions for the Administration of the Insurance Company Solvency Quota and Regulatory Indices (the 2003 Provisions). The 2003 Provisions did not prioritize solvency issues.

    Filed under:
    China, Insolvency & Restructuring, Insurance, Hogan Lovells, Accounting, Life insurance, Liability (financial accounting), Reinsurance
    Location:
    China
    Firm:
    Hogan Lovells
    Employer debt – timing the calculation
    2012-03-26

    Pension scheme assets can rise and fall. So can liabilities. The timing of the section 75 debt calculation is, therefore, critically important to the ability of the scheme to meet its liabilities.

    So when should trustees calculate their section 75 debt? Can they use one date to calculate scheme assets and choose a different date to calculate the cost of buying out the scheme’s liabilities?

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Dentons, Debt, Liability (financial accounting)
    Authors:
    Alan Jarvis , Elmer Doonan , Andrew Patten , Harriet Fletcher
    Location:
    United Kingdom
    Firm:
    Dentons

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