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    New proposed FDIC rules presume compensation subject to clawback and clarify orderly liquidation authority
    2011-03-15

    The Board of Directors of the Federal Deposit Insurance Corporation, or FDIC, approved a Notice of Proposed Rulemaking, or NPR, to further clarify application of the orderly liquidation authority, or OLA, contained in Title II of the Dodd-Frank Act. The FDIC believes the NPR builds on the interim rule approved by the FDIC on January 18, 2011, which clarified certain discrete issues under the OLA.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Stinson LLP, Board of directors, General counsel, Liquidation, Mandate (international law), Federal Deposit Insurance Corporation (USA), Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Title 11 of the US Code, Chief financial officer, Chief operating officer
    Location:
    USA
    Firm:
    Stinson LLP
    Gifting
    2011-03-22

    For over 30 years, most bankruptcy courts have approved plans where the secured lender “gifts” a distribution to a junior class in order to obtain a consensual plan. These courts note that the distribution is from the secured lender’s property (not estate property) and the secured lender can do what it wants with its own property.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Share (finance), Debtor, Unsecured debt, Federal Reporter, Debt, Consent, Liquidation, Dissenting opinion, Unsecured creditor, Warrant (finance), Westlaw, Dish Network, Second Circuit, United States bankruptcy court
    Authors:
    Peter S. Clark, II
    Location:
    USA
    Firm:
    Reed Smith LLP
    Trustee in Sunset Aviation commences preference actions
    2011-03-21

    Background

    Filed under:
    USA, Delaware, Aviation, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Legal personality, Liquidation, Title 11 of the US Code, Trustee, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Solvent run-off schemes in the United States: the Rhode Island statute and current challenges
    2011-03-21

    On March 16, 2011, a Rhode Island Superior Court heard arguments on whether Rhode Island's solvent restructuring statute violates the Contracts Clause of the U.S. Constitution. The case stems from a global commutation plan developed pursuant to this statute by GTE Reinsurance Company Limited in order to settle all of its obligations under various property and casualty risks reinsured by GTE Re decades ago. Critics contend that the Rhode Island law enables policies and contracts to be modified without policyholder consent in violation of the U.S. Constitution.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Foley & Lardner LLP, Reinsurance, Liquidation, Casualty insurance, UK Department of Trade and Industry, Constitution
    Authors:
    Brian S. Kaas , Jonathan M. (Mike) Davis
    Location:
    USA
    Firm:
    Foley & Lardner LLP
    Dodd-Frank Wall Street Reform and Consumer Protection Act: FDIC proposes additional rules implementing aspects of orderly liquidation authority
    2011-03-29

    In its continued effort to implement its authority to resolve “covered financial companies” under Title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”), on March 15, 2011, the Board of Directors of the Federal Depository Insurance Corporation (the “FDIC”) approved the Notice of Proposed Rulemaking Implementing Certain Orderly Liquidation Authority Provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Proposed Rules”).

    Filed under:
    USA, Banking, Insolvency & Restructuring, White & Case, Consumer protection, Unsecured debt, Fraud, Board of directors, Liquidation, Bank holding company, Systemic risk, Federal Deposit Insurance Corporation (USA), Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), GAAP, International Financial Reporting Standards, US Secretary of the Treasury
    Authors:
    Linda M. Leali , Gerard Uzzi , Duane D. Wall
    Location:
    USA
    Firm:
    White & Case
    Does “dodd-frank” allow for a federal liquidator of an insurance company?
    2011-03-28

    The short answer to the title question is “no.” However, under the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank” or the “Act”), the Federal Deposit Insurance Corporation (“FDIC”) has limited “back-up” authority to place into liquidation an insurance company that (i) meets certain criteria as respects the nature of its business and (ii) is essentially “too big to fail.” This liquidation proceeding would, however, still be under the relevant state insurance liquidation laws.1  

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Chadbourne & Parke LLP, Shareholder, Consumer protection, Liquidation, Default (finance), Liquidator (law), Systemic risk, Federal Deposit Insurance Corporation (USA), Federal Reserve (USA), Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), US Code, Bank Holding Company Act 1956 (USA), US Secretary of the Treasury
    Authors:
    Donald J. Mros , Richard G. Liskov
    Location:
    USA
    Firm:
    Chadbourne & Parke LLP
    FDIC issues notice of proposed rulemaking regarding certain orderly liquidation authority provisions of the Dodd-Frank Act
    2011-03-23

    On March 15, 2011, the Federal Deposit Insurance Corporation (“FDIC”) issued a notice of proposed rulemaking (“NPR”) to implement certain orderly liquidation authority (“OLA”) provisions of Title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”).

    Filed under:
    USA, Banking, Capital Markets, Insolvency & Restructuring, Insurance, Sidley Austin LLP, Consumer protection, Liquidation, Federal Deposit Insurance Corporation (USA), Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA)
    Location:
    USA
    Firm:
    Sidley Austin LLP
    Madoff trustee's amended complaint - more bad stuff 'bout the Mets (owners)
    2011-03-23

    Irving Picard, the trustee overseeing the liquidation of Bernard L.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, White Collar Crime, Kelley Drye & Warren LLP, Bankruptcy, Fraud, Liquidation, Gross negligence, Unsecured creditor, The New York Times, Trustee, Second Circuit, United States bankruptcy court
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Chapter 7 trustee in Indalex bankruptcy files preference actions
    2011-03-29

    Earlier this month, the Chapter 7 Trustee (the "Trustee") appointed in the Indalex bankruptcy began filing avoidance actions against various Indalex creditors. For those not familiar with the Indalex bankruptcy, Indalex filed petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware on March 20, 2009. Prior to filing bankruptcy, Indalex was one of the largest aluminum extruders in the United States.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Interest, Limited liability partnership, Liquidation, Trustee, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Insureds' $20 million settlement payment to FTC redress fund held uninsurable restitution
    2011-04-01

    The Commonwealth Court of Pennsylvania, which is overseeing the liquidation of the insurer in the coverage dispute, entered an order approving the insurer’s denial of coverage under an excess policy for a $20 million settlement that two individual insureds paid into a Federal Trade Commission (FTC) redress fund. The court adopted the recommendation of the referee appointed to hear the coverage dispute, who applied California law and concluded that the insurer was entitled to summary judgment following briefing and oral argument. Wiley Rein represented the insurer before the referee.

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Fraud, Interest, Debt, Mortgage loan, Liquidation, Unconscionability, Federal Trade Commission (USA), Commonwealth Court of Pennsylvania
    Location:
    USA
    Firm:
    Wiley Rein LLP

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