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    VeraSun Energy files 199 avoidance actions in bankruptcy court
    2010-11-16

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Limited liability company, Commodity, Limited liability partnership, Debt, Liquidation, Subsidiary, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Banning Lewis Ranch Development files for bankruptcy in Delaware
    2010-10-31

    On October 28, 2010, Banning Lewis Ranch Co. LLC and Banning Lewis Ranch Development I & II, LLC (collectively, "Banning"), filed chapter 11 petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware. A copy of one of the Banning bankruptcy petition is available here for review. Banning owns over 21,000 acres of land situated on the east side of Colorado Springs, Colorado.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Real Estate, Fox Rothschild LLP, Bankruptcy, Limited liability company, Debt, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Investor consortium acquires BankUnited with FDIC assistance
    2009-05-21

    Today, after an extended auction, the OTS closed BankUnited, FSB, headquartered in Coral Gables, Florida and named theFDIC as receiver.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Share (finance), Interest, Investment management, Limited liability company, Limited partnership, Consortium, Depository institution, Federal Deposit Insurance Corporation (USA)
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Chrysler bankruptcy judge approves GMAC as preferred lender for dealers
    2009-05-13

    Yesterday, U.S. Bankruptcy Judge Arthur Gonzalez approved a motion by Chrysler LLC requesting that GMAC LLC become the preferred lender for its dealer network, and be permitted to provide wholesale, retail and other product-related financing for Chrysler dealers and customers to purchase vehicles.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bankruptcy, Retail, Collateral (finance), Limited liability company, Consent, Preferred stock, Ally Financial, Chrysler
    Authors:
    Anjali Desai
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Virginia court holds state LLC law constitutes invalid Ipso facto clause
    2013-09-26

    In Virginia Broadband, LLC (Bankr. W.D. Va. Sept. 9, 2013), the unsecured creditors committee moved to dismiss an LLC’s chapter 11 bankruptcy case alleging a flaw in the authorization of the LLC’s bankruptcy filing caused by an authorizing member’s individual bankruptcy filing. Specifically, the committee alleged that when the authorizing member filed his individual bankruptcy case, Virginia law divested him of his non-economic (voting) rights in the LLC.

    Filed under:
    USA, Virginia, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bankruptcy, Limited liability company, United States bankruptcy court
    Authors:
    Suzanne N. Boyd
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Treasury releases completed transactions report
    2010-07-23

    Yesterday, Treasury released its most recent transactions report for the period ending July 20, 2010. The report shows the completed exchange of Treasury's $400 million of preferred stock in First BanCorp for $424,174,000 of mandatorily convertible preferred stock (MCP), which is equivalent to the initial investment amount of $400 million plus $24,174,000 of capitalized previously accrued and unpaid dividends.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Credit (finance), Dividends, Limited liability company, Preferred stock, US Department of the Treasury, Bank of New York Mellon
    Location:
    USA
    Firm:
    Alston & Bird LLP
    FDIC sells $1.02 billion in distressed loans to fund managed by Colony Capital Acquisitions
    2010-01-08

    Today, the FDIC announced that Colony Capital Acquisitions, LLC paid a total of approximately $90.5 million (net of working capital) in cash for a 40% equity stake in a limited liability company (LLC) created by the FDIC to hold a portfolio of approximately 1,200 distressed commercial real estate loans with an aggregate unpaid principal balance of $1.02 billion arising out of 22 failed bank receiverships.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Real Estate, Alston & Bird LLP, Commercial property, Interest, Limited liability company, Investment funds, Portfolio (finance), Distressed securities, Federal Deposit Insurance Corporation (USA)
    Authors:
    Darren Cooper
    Location:
    USA
    Firm:
    Alston & Bird LLP
    SIGTARP releases report on AIG rescue and payments to AIG counterparties
    2009-11-17

    On Monday, the Office of the Special Inspector General for the Troubled Asset Relief Program (SIGTARP) released a report entitled “Factors Affecting Efforts to Limit Payments to AIG Counterparties.” The report examines certain transactions related to the rescue of AIG, including the creation of Maiden Lane III, a limited liability company formed last year to facilitate the purchase of assets from counterparties of AIG Financia

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Alston & Bird LLP, Market liquidity, Limited liability company, Swap (finance), Market value, Collateralized debt obligation, Credit default swap, Troubled Asset Relief Program, US Congress, American International Group, Federal Reserve System, Bank of New York Mellon, Inspector general
    Authors:
    Ian Grant
    Location:
    USA
    Firm:
    Alston & Bird 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
    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

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