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    Court restricts ability of offshore funds to access chapter 15 of the Bankruptcy Code
    2007-10-25

    In Bear Stearns High-Grade Structured Credit Strategies Master Fund, Ltd.,1 the United States Bankruptcy Court for the Southern District of New York refused to allow the foreign representatives of two Bear Stearns funds2 to institute ancillary proceedings under new chapter 15 of the United States Bankruptcy Code. There, Judge Lifland held that, even though the Funds were in liquidation proceedings in the Cayman Islands, those proceedings constituted neither “foreign main” nor “foreign non-main” proceedings for purposes of the U.S.

    Filed under:
    Cayman Islands, USA, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Injunction, Asset management, Margin (finance), Subprime lending, Liquidation, Liquidator (law), Title 11 of the US Code, Bear Stearns, United States bankruptcy court
    Location:
    Cayman Islands, USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Margin payments are reclaimed through avoidance action: new duties imposed regarding brokerage firm’s obligation to investigate account party
    2007-09-21

    While the Bankruptcy Code’s safe harbor provision in section 546(e) previously provided comfort for brokerdealers, the Bankruptcy Court’s decision in Gredd v. Bear, Stearns Securities Corp. (In re Manhattan Investment Fund, Ltd.), 359 B.R. 510 (Bankr. S.D.N.Y. 2007), chips away at this provision and creates new risks for those providing brokerage account services. Always at risk as a deep pocket, new duties have been thrust upon brokerdealers that go far beyond the terms of the account agreement.

    Factual Background

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Short (finance), Debtor, Security (finance), Fraud, Safe harbor (law), Fiduciary, Margin (finance), Hedge funds, Good faith, Investment funds, Brokerage firm, Title 11 of the US Code, Citibank, Bear Stearns, United States bankruptcy court
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Lehman estate sues Barclays over "windfall profits"
    2009-11-17

    Yesterday, the bankrupt estate of Lehman Brothers Holdings, Inc. (Lehman) sued Barclays Capital, Inc.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Punitive damages, Bankruptcy, Collateral (finance), Fiduciary, Margin (finance), Liability (financial accounting), Broker-dealer, Barclays, Lehman Brothers
    Authors:
    Darren Cooper
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Investment bank/broker-dealer insolvencies
    2008-09-23

    In light of the recent Chapter 11 bankruptcy filing by Lehman Brothers Holdings Inc. and the subsequent determination of the Securities Investor Protection Corporation (SIPC) to commence a proceeding placing Lehman Brothers Inc.

    Filed under:
    USA, Banking, Capital Markets, Insolvency & Restructuring, Hogan Lovells, Bankruptcy, Debtor, Security (finance), Swap (finance), Margin (finance), Debt, Investment banking, Liquidation, Broker-dealer, Liquidator (law), Securities Exchange Act 1934 (USA), Title 11 of the US Code, US Securities and Exchange Commission, Lehman Brothers, Securities Investor Protection Corporation
    Location:
    USA
    Firm:
    Hogan Lovells
    Late bids in a receivership sales process
    2010-03-31

    In Bank of Montreal v River Rentals Group Ltd [2010] ABCA 16, the Alberta Court of Appeal had to consider the acceptance of a higher bid made after the tender closing date.

    Filed under:
    Canada, Alberta, Insolvency & Restructuring, Litigation, Dentons, Debtor, Margin (finance), Royal Bank of Canada, Court of Appeal for Ontario, Court of Appeal of Alberta
    Authors:
    David W. Mann , David LeGeyt
    Location:
    Canada
    Firm:
    Dentons
    Controversial releases acceptable in asset backed commercial paper CCAA Plan of Arrangement
    2008-09-30

    The Ontario Court of Appeal has confirmed the asset backed commercial paper CCAA Plan of Arrangement (2008 CaswellOnt 4811 (C.A.)). The reasoning of the Ontario Superior Court approving the Plan of Arrangement was reviewed in previous editions of this Newsletter.

    Filed under:
    Canada, Ontario, Capital Markets, Insolvency & Restructuring, Litigation, Dentons, Debtor, Security (finance), Fraud, Market liquidity, Swap (finance), Margin (finance), Liability (financial accounting), Maturity (finance), Liquidation, Default (finance), Credit default swap, Commercial paper, Court of Appeal for Ontario, Ontario Superior Court of Justice
    Location:
    Canada
    Firm:
    Dentons
    Arbitration and insolvency law in Dubai— is there a link?
    2010-07-20

    Dubai currently has no effective insolvency law. Try to imagine it: How would creditors recover their entitlements? Does it lead to more arbitration activity? Does it explain why the Dubai International Arbitration Centre received more than 300 new cases last year and why arbitration is increasingly used?

    Insolvency Law—Is It Necessary?

    Filed under:
    United Arab Emirates, Arbitration & ADR, Insolvency & Restructuring, Mayer Brown, Bankruptcy, Margin (finance), Debt, Liability (financial accounting), Intangible asset
    Authors:
    Raid Abu-Manneh , Jeremy Snead
    Location:
    United Arab Emirates
    Firm:
    Mayer Brown
    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
    CFTC proposes to amend bankruptcy rules to establish cleared OTC derivatives as a separate account class
    2009-08-14

    The Commodity Futures Trading Commission has proposed to amend its Bankruptcy Rules, 17 CFR Part 190, to establish cleared over-the-counter derivatives as a separate account class for the purpose of calculating “net equity” and “allowed net equity” for each customer in the event of the bankruptcy of a futures commission merchant.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Katten Muchin Rosenman LLP, Bankruptcy, Clearing (finance), Futures contract, Commodity broker, Over-the-counter (finance), Margin (finance), Code of Federal Regulations, US Securities and Exchange Commission, Commodity Futures Trading Commission (USA)
    Authors:
    Jeffrey M. Werthan , Christina J. Grigorian
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    A tentative deal for restructuring Canadian ABCP
    2008-02-28

    On December 23, 2007, the Pan-Canadian Investors Committee for Third-Party Structured Asset-Backed Commercial Paper (ABCP) announced that an ‘agreement in principle’ had been reached for a restructuring of $33 billion of approximately $35 billion of Canadian ABCP. The repayment of this debt had been frozen pursuant to a standstill created by the ‘Montreal Accord’ as of August 16, 2007.

    Filed under:
    Canada, Insolvency & Restructuring, McCarthy Tétrault LLP, Credit card, Accounts receivable, Interest, Market liquidity, Margin (finance), Subprime lending, Debt, Maturity (finance), Collateralized debt obligation
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP

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