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    Non-parties enjoined from filing bankruptcy petitions against entities in receivership
    2009-01-09

    The Securities and Exchange Commission brought an action against several individuals and related investment entities (the Wextrust Entities) who allegedly participated in a Ponzi scheme that purportedly defrauded over 1,000 investors of approximately $255 million.

    Filed under:
    USA, New York, Capital Markets, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Bankruptcy, Injunction, Fraud, US Securities and Exchange Commission, Westlaw, Second Circuit, Ninth Circuit, Sixth Circuit, US District Court for SDNY
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Structuring and Practice for Aircraft Leases to Prevent Lease Payments From Being Clawed Back in a Lessee Bankruptcy
    2021-04-12

    KEY POINTS The risk that prepetition lease payments made by a lessee that is a debtor in a US bankruptcy will be clawed back from an aircraft lessor can be reduced if: • the lease is a true lease rather than a disguised secured loan or finance lease • one or both of basic rent and maintenance reserves are payable in advance (i.e., at the beginning of a rent period rather than at the end) • basic rent and maintenance reserves are payable monthly rather than quarterly or semiannually • the lessor enforces the lease’s payment obligations consistently • any payment made by a third party on beha

    Filed under:
    USA, Aviation, Insolvency & Restructuring, Litigation, Real Estate, Katten Muchin Rosenman LLP, Due diligence
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Deeds in lieu: merger doctrine does not apply where grantee is senior lienholder
    2015-01-30

    Introduction

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, Real Estate, Katten Muchin Rosenman LLP, Debtor, Foreclosure, Deed, Default (finance)
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Delaware Bankruptcy Court dismisses Chapter 11 petition of mezzanine borrower as filed in bad faith
    2012-01-24

    The United States Bankruptcy Court for the District of Delaware (the Court) recently granted a motion to dismiss a mezzanine borrower’s chapter 11 bankruptcy petition at the outset of the debtor’s case.1 In In re JER/Jameson Mezz Borrower II, LLC, The Court found that the debtor’s petition had been filed in bad faith because, among other things, a junior mezzanine lender had directed the debtor to file the petition with the intent of hindering a senior mezzanine lender’s foreclosure efforts and without any valid reorganization purpose.

    Filed under:
    USA, Delaware, Banking, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Debtor, Foreclosure, Bad faith, Deed of trust (real estate), United States bankruptcy court, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Motion to dismiss Lehman-related securities class action denied
    2010-05-28

    Judge John Koeltl in the U.S. District Court for the Southern District of New York recently denied a motion to dismiss a securities class action arising, in part, from the Lehman Brothers bankruptcy filing.

    Filed under:
    USA, Banking, Capital Markets, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Bankruptcy, Surety, Class action, Maturity (finance), Involuntary dismissal, Bankruptcy of Lehman Brothers, Securities Exchange Act 1934 (USA), US Securities and Exchange Commission, Lehman Brothers, US District Court for SDNY
    Authors:
    William M. Regan , Jessica M. Garrett
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Lehman seeks to establish expedited procedures for assumption, assignment and termination of derivative contracts
    2008-11-17

    On November 13, 2008, Lehman Brothers Holdings Inc. and its U.S. affiliates in bankruptcy, including Lehman Brothers Special Financing and Lehman Brothers Commercial Paper (collectively, “Lehman”) filed a motion asking that certain expedited procedures be put in place to allow Lehman to assume, assign or terminate the thousands of executory derivative contracts to which they are a party.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Bankruptcy, Collateral (finance), Interest, Consent, Dispute resolution, Default (finance), International Swaps and Derivatives Association, Lehman Brothers, United States bankruptcy court
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Structuring a PDP Loan to Protect the Lender From an Airline Bankruptcy
    2021-02-19

    Overview

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP
    Authors:
    Stewart B. Herman , Timothy J. Lynes , Brett Seifarth
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Bankruptcy Court finds tenant cannot assume commercial lease after waiving rights to seek relief from forfeiture under California law
    2014-09-24

    The US Bankruptcy Court for the Central District of California (the "Court") recently upheld the validity of a commercial lease provision by which a debtor/tenant waived its rights to seek relief from forfeiture (i.e., termination) of the lease under California law. As a result, the debtor/tenant had no right in the bankruptcy case to assume the lease. In re Art and Architecture Books of the 21st Century, Case No. 2:13-bk-14135-RK (September 18, 2014).

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, Real Estate, Katten Muchin Rosenman LLP, Leasehold estate, Waiver, US District Court for Central District of California
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Bankruptcy Court determines that TBA contracts do not qualify as customer claims
    2011-12-16

    The United States Bankruptcy Court for the Southern District of New York issued a memorandum decision in the Lehman Brothers Inc. (LBI) liquidation proceeding confirming the LBI trustee’s determination that certain claims relating to TBA contracts do not qualify as customer claims against LBI’s estate.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Katten Muchin Rosenman LLP, Mortgage-backed security, Lehman Brothers, United States bankruptcy court, US District Court for SDNY
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Judge overseeing Lehman Brothers bankruptcy cases issues decision on setoff in bankruptcy and directs Swedbank AB to surrender post-petition deposits
    2010-05-14

    On May 5, the judge overseeing the bankruptcy case of Lehman Brothers Holdings Inc issued an opinion refusing Swedbank AB's request to keep several million dollars in post-bankruptcy Lehman deposits as a setoff against pre-bankruptcy swap termination claims.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Bankruptcy, Surety, Debtor, Safe harbor (law), Swap (finance), Debt, Bankruptcy of Lehman Brothers, Title 11 of the US Code, International Swaps and Derivatives Association, Lehman Brothers
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP

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