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    Financial services update March 31 2014 industry news
    2014-03-31

    Goldman Sachs RMBS Lawsuit Moves Forward.

    On March 28, Bloomberg reported that a U.S. District Judge in Manhattan declined to dismiss a securities lawsuit over residential mortgage-backed securities Goldman Sachs sold in 2007, noting that an appellate decision overturning her findings in a related case had altered the legal landscape. RMBS Suit.

    Filed under:
    USA, Banking, Capital Markets, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Security (finance), Mortgage-backed security, Bank of America
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Culpability required for securities fraud exception to debt discharge in bankruptcy
    2011-09-28

    On September 19th, the Ninth Circuit considered whether the exception to Chapter 7 bankruptcy discharge for debts resulting from a violation of state or federal securities laws applies when the debtor himself is not culpable for the securities violation that caused the debt. The case involved an attorney who was required by court order to return the unearned retainer paid by a company that engaged in securities fraud. The attorney filed a petition for Chapter 7 bankruptcy before he was technically required to return the money.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, Debtor, Security (finance), Debt, Securities fraud, Bankruptcy discharge, Ninth Circuit
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Auditor liability
    2010-10-04

    On September 30th, the Sixth Circuit affirmed the dismissal of the bankruptcy trustee's lawsuit against Deloitte & Touche, the debtor's former auditor. The trustee alleged that Deloitte negligently failed to uncover and report unsound related-party transactions by the debtor's sole shareholder and CEO, and aided and abetted the CEO's breach of his fiduciary duty to the debtor. Affirming dismissal, the Court held the trustee failed to allege reliance upon Deloitte's audits and the statute of limitations bars the aiding and abetting claim.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, Shareholder, Debtor, Breach of contract, Fiduciary, Statute of limitations, Limited liability partnership, Negligence, Sixth Circuit, Chief executive officer, Trustee
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Purchase money security interests include negative equity for bankruptcy cramdown purposes
    2010-03-08

    On March 1st, the Seventh Circuit held that negative equity is included in a creditor's purchase money security interest and is not subject to a bankruptcy court's cramdown authority under Chapter 13 of the Bankruptcy Code. In re Aubrey Howard.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, Title 11 of the US Code, Seventh Circuit
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Liquidation Lessons From 11th Circ. Pension Plan Ruling
    2021-01-20

    This article was originally published in Law360. Any opinions in this article are not those of Winston & Strawn or its clients. The opinions in this article are the authors' opinions only.

    In Pension Benefit Guaranty Corp. v. 50509 Marine LLC et al.[1] the U.S. Court of Appeals for the Eleventh Circuit held that the Pension Benefit Guaranty Corp. can recover an employer's defined benefit pension plan termination liability--often millions of dollars--from controlled group members that did not even exist when the contributing employer liquidated years earlier.[2]

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Employee Retirement Income Security Act 1974 (USA), Private equity, Eleventh Circuit
    Location:
    USA
    Financial services update March 24 2014 judicial developments
    2014-03-24

    Overnight Income Doesn't Float ERISA Plan's Boat.

    Filed under:
    USA, Capital Markets, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Employee Retirement Income Security Act 1974 (USA), Security (finance), Fiduciary
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Bankruptcy Court denies confirmation of WaMu’s plan of reorganization
    2011-09-23

    Sending the Debtors back to the drawing board after almost three years in bankruptcy, in a 139 page opinion, the Bankruptcy Court has for the second time denied confirmation of the Plan of Reorganization for Washington Mutual, Inc. (“WaMu”), which was the owner of the largest savings bank ever to be seized by the FDIC.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Confidentiality, Bankruptcy, Debtor, Unsecured debt, Interest, Insider trading, Liability (financial accounting), Mediation, Federal Deposit Insurance Corporation (USA), JPMorgan Chase, United States bankruptcy court
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Payments received by brokerages used in a fraudulent scheme cannot be avoided
    2010-09-20

    On September 14th, a Bankruptcy Court entered partial summary judgment in favor of defendants, brokerages through whom the debtor conducted a fraudulent stock lending scheme. The Chapter 7 bankruptcy trustee cannot avoid as fraudulent transfers funds and stock received by defendants directly from the victims of the scheme, margin interest paid to defendants by the debtor, and cash transfers that the debtor directly deposited into the brokerage accounts in the year prior to the bankruptcy filing.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Winston & Strawn LLP, Bankruptcy, Debtor, Fraud, Interest, Limited liability company, Margin (finance), Brokerage firm, United States bankruptcy court
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    SIPC trustee's definition of net equity adopted in Madoff case
    2010-03-08

    On March 1st, the bankruptcy court overseeing the bankruptcy proceedings and SIPA liquidation of Bernard L. Madoff Investment Securities upheld the SIPC trustee's method for determining the net equity held by the victims of Madoff's fraud. The SIPC trustee defines net equity as the amount of cash deposited by the customer into his BLMIS customer account less any amounts withdrawn.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Winston & Strawn LLP, Bankruptcy, Security (finance), Fraud, Limited liability company, Liquidation, Securities Investor Protection Corporation, United States bankruptcy court, Trustee
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Sell-Side Directors May Be Liable for Breach of Fiduciary Duty Claims for Failing to Investigate Company's Post-Closing Solvency
    2020-12-28

    In In re Nine West LBO Securities Litigation (Case No. 20-2941) (S.D.N.Y. Dec. 4, 2020), a federal district court denied in part a motion to dismiss claims brought by the Nine West liquidating trustee against former directors (the "Defendants") of The Jones Group, Inc. (the "Company"), Nine West's predecessor, for, among other things, (i) breaches of their fiduciary duties of care and loyalty, and (ii) aiding and abetting breaches of fiduciary duties. The litigation arises from the 2014 LBO of the Company by a private equity sponsor ("Buyer").

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Private equity, Due diligence
    Location:
    USA
    Firm:
    Winston & Strawn LLP

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