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    Tenth Circuit finds no insider preference liability based on close relationship alone
    2008-07-31

    The U.S. Court of Appeals for the Tenth Circuit held on July 15, 2008, that a major creditor with a seat on the debtor’s board of directors and a 10.6% equity interest was not an insider in a bankruptcy preference suit. In re U.S. Medical, Inc., 2008 WL2736658 (10th Cir. 7/15/08).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Conflict of interest, Bankruptcy, Debtor, Board of directors, Interest, Mortgage loan, Liquidation, Undue influence, Chief executive officer, United States bankruptcy court, Bankruptcy Appellate Panel, Tenth Circuit
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Fannie Mae and Freddie Mac placed in conservatorship by U.S. Treasury and FHFA
    2008-09-12

    On September 7, the U.S. Treasury Department and the Federal Housing Finance Authority (FHFA) placed Fannie Mae and Freddie Mac into conservatorship, and announced (i) Treasury’s entry into a Senior Preferred Stock Purchase Agreement with each Government Sponsored Entity (GSE), (ii) the creation of a Government Sponsored Entity Credit Facility (GSECF), and (iii) the adoption of a GSE Mortgage Backed Securities (MBS) Purchase Program.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Katten Muchin Rosenman LLP, Credit (finance), Security (finance), Dividends, Asset management, Mortgage loan, Liability (financial accounting), Preferred stock, Mortgage-backed security, HM Treasury (UK), US Department of the Treasury, Federal Housing Finance Agency, American Recovery and Reinvestment Act 2009 (USA)
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Fannie Mae, Freddie Mac put into US government conservatorship
    2008-09-08

     

    Filed under:
    USA, Banking, Insolvency & Restructuring, Securitization & Structured Finance, Kilpatrick Townsend & Stockton LLP, Security (finance), Dividends, Market liquidity, Mortgage loan, Systemic risk, Capital requirement, Preferred stock, Mortgage-backed security, Subordinated debt, US Federal Government, US Department of the Treasury, Federal Housing Finance Agency, Chief executive officer, US Secretary of the Treasury, Chief financial officer
    Location:
    USA
    Firm:
    Kilpatrick Townsend & Stockton LLP
    Impact of Lehman Brothers Holdings Inc. filing for Chapter 11 on healthcare entities
    2008-09-22

    On September 15, 2008, Lehman Brothers Holdings Inc. ("Lehman Holdings") filed for Chapter 11 in the United States Bankruptcy Court for the Southern District of New York (Case No. 08-13555). None of Lehman Holdings’ U.S. subsidiaries have filed for bankruptcy at this point. In addition, while Lehman Holdings has certain subsidiaries that are regulated entities (e.g., banks, insurance companies, etc.), none of those entities has yet been placed into any kind of insolvency proceeding by the applicable regulators.

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Dentons, Bond (finance), Bankruptcy, Market liquidity, Investment management, Subprime lending, Mortgage loan, Investment banking, Underwriting, Subsidiary, Barclays, US Department of the Treasury, Lehman Brothers, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Dentons
    Court enforces pre-petition waiver of automatic stay
    2008-09-30

    In In re Bryan Road LLC,1 the United States Bankruptcy Court for the Southern District of Florida considered whether a waiver of the automatic stay provision included in a prepetition workout agreement is enforceable in the debtor’s subsequent bankruptcy. The Bankruptcy Court enforced the waiver and held the creditor was not bound by the automatic stay after engaging in a four-factor analysis of the agreement and the circumstances surrounding its execution. The Bankruptcy Court cautioned, however, that relief from stay provisions are neither per se enforceable nor self-executing.

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Waiver, Interest, Consideration, Mortgage loan, Foreclosure, Bad faith, Refinancing, Default (finance), Capital punishment, United States bankruptcy court, US District Court for Southern District of Florida
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Intense negotiations mark discussion over Treasury bill
    2008-09-26

    Over the past few days, Members of Congress have engaged in intensive debate over the terms of the bailout package, now commonly referred to as the Troubled Asset Relief Program (“TARP”). Both Democrats and Republicans have offered criticisms and alternatives to the original Treasury proposal which are summarized below.

    Senator Dodd Proposal

    Senator Christopher Dodd (D-CT), Chairman of the Senate Committee on Banking, Finance and Urban Affairs has drafted a 100 page bill that encompasses many of the Democratic proposals discussed to date. His bill would:

    Filed under:
    USA, Banking, Insolvency & Restructuring, Locke Lord LLP, Shareholder, Executive compensation, Mortgage loan, Foreclosure, Judicial review, Subsidy, Capital requirement, Preferred stock, Troubled Asset Relief Program, Warrant (finance), US Congress, US Democratic Party
    Location:
    USA
    Firm:
    Locke Lord LLP
    Massachusetts Bankruptcy Court: purchaser of mortgage lacks standing to seek relief from bankruptcy stay to foreclose where it lacks evidence of transfers of mortgage
    2008-10-22

    The United States Bankruptcy Court for the District of Massachusetts recently denied a mortgage purchaser’s Motion for Relief from Automatic Stay of Chapter 13 proceedings on the ground that the purchaser lacked standing where it could not provide documentary evidence showing each transfer of the mortgage. In re Robin Hayes, Case No. 07-13967-JNF (August 19, 2008).

    In November 2004, the Debtor, Robin Hayes, obtained a $324,000 mortgage from Argent Mortgage Company LLC (“Argent Mortgage”). The mortgage subsequently was sold and ultimately ended up with Deutsche Bank.

    Filed under:
    USA, Massachusetts, Banking, Insolvency & Restructuring, Litigation, Locke Lord LLP, Bankruptcy, Debtor, Security (finance), Interest, Subprime lending, Mortgage loan, Foreclosure, Standing (law), Deutsche Bank, Citigroup, United States bankruptcy court, US District Court for District of Massachusetts
    Location:
    USA
    Firm:
    Locke Lord LLP
    Foreclosures increase nationwide, Ohio dips and some states experience decline
    2008-11-24

    While some states have mandated delays to the foreclosure process, curbing the number of foreclosure filings in recent months, many report that such legislation is only a temporary cure. Foreclosure filings include default notices, auction sale notices and bank repossessions. According to James J. Saccacio, chief executive officer of RealtyTrac, October marked the 34th consecutive month where U.S. foreclosure activity increased compared to the prior year. RealtyTrac U.S.

    Filed under:
    USA, Insolvency & Restructuring, Bricker & Eckler LLP, Bankruptcy, Debtor, Mortgage loan, Personal property, Foreclosure, Moratorium, Default (finance), Federal Deposit Insurance Corporation (USA), US Department of the Treasury, Chief executive officer
    Location:
    USA
    Firm:
    Bricker & Eckler LLP
    Bankruptcy court holds inadequate consideration exclusion bars coverage
    2008-12-16

    A federal bankruptcy court, applying New York law, has dismissed an adversary proceeding brought by a bankrupt home mortgage company against its directors and officers liability insurers, holding that coverage for a pre-petition lawsuit against the mortgage company was barred by application of an “inadequate consideration” exclusion. Delta Fin. Corp. v. Westchester Surplus Lines Ins. Co., Case No. 07-11880 (CSS) (Jointly Administered) (Bankr. D. Del. Dec. 15, 2008). The court also held that the coverage dispute was a non-core proceeding.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Bankruptcy, Costs in English law, Unsecured debt, Waiver, Consideration, Mortgage loan, Fair market value, Holding company, Cashflow, Delaware Supreme Court, United States bankruptcy court
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Seventh Circuit upholds narrow application of equitable subordination doctrine
    2009-01-15

    A recent decision of the Court of Appeals for the Seventh Circuit appears to have further raised the hurdle to equitably subordinate claims. Continuing what appears to be a move toward a narrower interpretation of equitable subordination, the Seventh Circuit held that misconduct alone does not provide sufficient justification to equitably subordinate a claim; injury to the interests of other creditors is required as well.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case, Punitive damages, Bankruptcy, Shareholder, Debtor, Unsecured debt, Mortgage loan, Foreclosure, Title 11 of the US Code, United States bankruptcy court, Fifth Circuit, Seventh Circuit
    Location:
    USA
    Firm:
    White & Case

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