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    FDIC announces next steps in development of Legacy Loan Program through the offer of portfolio of residential mortgage loans receivership assets
    2009-07-31

    Today, the FDIC announced the next steps in further developing the government's Legacy Loan Program (LLP), by testing the LLP program's funding mechanism through the sale of a portfolio of residential mortgage loan receivership assets to a limited liability company (LLC) in exchange for an ownership interest in the LLC.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Interest, Limited liability company, Option (finance), Limited liability partnership, Debt, Mortgage loan, Balance sheet, Portfolio (finance), Cashflow, Leverage (finance), Federal Deposit Insurance Corporation (USA)
    Authors:
    Darren Cooper
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Unanimous lender consent provisions may not provide the protection expected
    2009-08-21

    Credit agreements typically provide that any amendment permitting the release of “all or substantially all” of the collateral requires the unanimous consent of the lenders. Many market participants expect that this provision provides protection against the agent and other lenders from consenting to the sale of the collateral and releasing the corresponding liens without the consent of all lenders.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Richards Kibbe & Orbe LLP, Bankruptcy, Credit (finance), Debtor, Collateral (finance), Limited liability company, Option (finance), Consent, Consortium, Default (finance), Exclusive right, Secured loan, Chrysler, Second Circuit
    Location:
    USA
    Firm:
    Richards Kibbe & Orbe LLP
    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
    Recent significant commercial bankruptcy filings
    2009-08-24

    Masuda Funai routinely represents creditors in bankruptcy proceedings in order to protect their contractual and legal interests and rights to payment. The following is a list of some recent larger U.S. bankruptcy filings in various industries. To the extent you are a creditor to any of these debtors, or other entities which may have filed for bankruptcy protection, you as a creditor are entitled to certain protections under the Bankruptcy Code.  

    AUTOMOTIVE  

    Cooper-Standards files Chapter 11.  

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Masuda Funai Eifert & Mitchell Ltd, Bankruptcy, Debtor, Unsecured debt, Limited liability company, Title 11 of the US Code, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Reinhold F. Krammer
    Location:
    USA
    Firm:
    Masuda Funai Eifert & Mitchell Ltd
    Bankruptcy court denies motions to dismiss cases of SPE subsidiaries of General Growth Properties, Inc. - role of independent managers addressed; Section 18-1101(c) of Delaware LLC Act ignored
    2009-09-01

    On August 11, a United States bankruptcy judge denied motions to dismiss the Chapter 11 cases of 21 special purpose entity (“SPE”) subsidiaries (the “Subject Debtors”) of General Growth Properties, Inc. (“GGP”). A final order denying the motions was entered on August 28. The decision raises a number of issues, primarily with respect to the role of independent managers, that are of particular interest to the commercial mortgage-backed securities (“CMBS”) industry.

    Lessons from the GGP Cases

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Locke Lord LLP, Bankruptcy, Debtor, Collateral (finance), Federal Reporter, Limited liability company, Limited partnership, Joint venture, Default (finance), Subsidiary, Commercial mortgage-backed security, Mortgage-backed security, Secured loan, Second Circuit, United States bankruptcy court, US District Court for the Southern District of New York
    Authors:
    Edward J. Bertozzi, Jr. , Lorne W. McDougall , Kathleen M. Conlon , Theodore W. Connolly
    Location:
    USA
    Firm:
    Locke Lord LLP
    Residential Credit Solutions wins bid in Legacy Loans Program pilot sale
    2009-09-18

    The Federal Deposit Insurance Corporation (FDIC) announced that Residential Credit Solutions was the winning bidder in a pilot sale of receivership assets conducted to test the funding mechanism for the Legacy Loans Program. The FDIC, as a receiver of Franklin Bank, SSB, owns a portfolio of residential mortgage loans with an unpaid principal balance of approximately $1.3 billion, which the FDIC will convey to a limited liability company. Residential Credit Solutions will pay $64,215,000 in cash for a 50% stake in the limited liability company using 6-to-1 leverage.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Katten Muchin Rosenman LLP, Limited liability company, Mortgage loan, Balance sheet, Conveyancing, Leverage (finance), Federal Deposit Insurance Corporation (USA), Federal Reserve (USA), US Secretary of the Treasury
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Bankruptcy can upend the asset protection benefits of the LLC
    2009-10-01

    The limited liability company is widely used as the business entity of choice for a number of reasons, including its asset protection benefits. If a creditor of an LLC member attempts to seize the LLC member's interest (or the assets of the LLC for that matter), the creditor will have to deal with the charging order roadblock.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Stinson LLP, Bankruptcy, Legal personality, Debtor, Interest, Limited liability company, Option (finance), Liquidation, Asset protection, Dissolution (law)
    Location:
    USA
    Firm:
    Stinson LLP
    Recent significant commercial bankruptcy filings
    2009-10-19

    The following is a list of some recent larger U.S. bankruptcy filings in various industries. To the extent you are a creditor to any of these debtors, or other entities which may have filed for bankruptcy protection, you as a creditor are entitled to certain protections under the Bankruptcy Code.  

    AUTOMOTIVE

    Accuride Corp., an Evansville, Ind.-based maker of medium- and heavy-duty steel and aluminum wheels may file for bankruptcy under a prearranged agreement with bondholders and senior lenders.  

    Filed under:
    USA, Insolvency & Restructuring, Masuda Funai Eifert & Mitchell Ltd, Bond (finance), Bankruptcy, Shareholder, Debtor, Unsecured debt, Limited liability company, Title 11 of the US Code, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Reinhold F. Krammer
    Location:
    USA
    Firm:
    Masuda Funai Eifert & Mitchell Ltd
    New filings
    2009-10-29

    Property in oroville and susanville, california : in re gumba investors, llc (bankr. e.d. cal.) case no. 09-40571

    Filed under:
    USA, Insolvency & Restructuring, Greenberg Traurig LLP, Bankruptcy, Retail, Debtor, Commercial property, Accounts receivable, Limited liability company, Personal property, US District Court for the Southern District of New York
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    CIT files for bankruptcy
    2009-11-02

    CIT Group Inc.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Wage, Bankruptcy, Debtor, Board of directors, Market liquidity, Limited liability company, Debt, Line of credit, Subsidiary, Preferred stock
    Authors:
    Andrea L. Parisi
    Location:
    USA
    Firm:
    Alston & Bird LLP

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