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    Court approves $125 million New Century settlement
    2010-08-10

    Yesterday, a federal judge preliminary approved a $125 million cash settlement for former shareholders of New Century Financial Corp. (“New Century”). New Century was the second largest subprime mortgage originator before it filed for bankruptcy in April 2007. In February 2008, Michael J.

    Filed under:
    USA, California, Capital Markets, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Shareholder, Board of directors, Subprime lending, General counsel, Underwriting, Preferred stock, Securities fraud, Securities Act 1933 (USA), KPMG, US District Court for Central District of California, Chief executive officer, Chief financial officer
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Treasury releases completed transactions report
    2010-07-23

    Yesterday, Treasury released its most recent transactions report for the period ending July 20, 2010. The report shows the completed exchange of Treasury's $400 million of preferred stock in First BanCorp for $424,174,000 of mandatorily convertible preferred stock (MCP), which is equivalent to the initial investment amount of $400 million plus $24,174,000 of capitalized previously accrued and unpaid dividends.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Credit (finance), Dividends, Limited liability company, Preferred stock, US Department of the Treasury, Bank of New York Mellon
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Bank of Spain releases details of restructuring of savings bank sector
    2010-07-01

    On Tuesday, the Bank of Spain released details regarding the status of the restructuring of the Spanish savings bank sector, in what it called “the biggest overhaul of the Spanish banking sector in recent history.” The Bank also provided details regarding funding for bank restructurings supplied by the Fund for the Orderly Restructuring of the Banking Sector (FROB),

    Filed under:
    Spain, Banking, Insolvency & Restructuring, Alston & Bird LLP, Liability (financial accounting), Preferred stock, European Commission
    Authors:
    Colin Roberts
    Location:
    Spain
    Firm:
    Alston & Bird LLP
    Treasury offers guidance on possible GM IPO, prices warrants to purchase common stock of Sterling Bancshares
    2010-06-11

    Yesterday Treasury released "guidance on its role in the exploration of a possible initial public offering of the common stock of General Motors Company." Under the Troubled Asset Relief Program, Treasury acquired 60.8% of GM's common stock and $2.1 billion of its preferred stock in connection with GM's restructuring last summer.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Alston & Bird LLP, Initial public offering, Preferred stock, Troubled Asset Relief Program, Warrant (finance), HM Treasury (UK), US Department of the Treasury, General Motors
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Washington Mutual files revised reorganization plan with the support of the FDIC, JPMorgan Chase and unsecured creditors
    2010-05-23

    On Friday, Washington Mutual Inc. (WMI), the holding company that owned Washington Mutual Bank (WMB), filed a disclosure statement and amended reorganization plan with the U.S.

    Filed under:
    USA, Delaware, Banking, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Share (finance), Debtor, Security (finance), Option (finance), Mortgage loan, Liability (financial accounting), Reinsurance, Liquidation, Holding company, Subsidiary, Preferred stock, Federal Deposit Insurance Corporation (USA), JPMorgan Chase, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Andrew Jones
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Does an execution creditor have priority over unsecured creditors in an insolvency?
    2009-02-18

    An Ontario Court recently confirmed that an execution creditor does not have priority over the unsecured creditors of a debtor upon the insolvency of the debtor even if the judgment creditor is then holding funds of the debtor which it has garnisheed.

    In February 2008, the Superior Court of Justice – Ontario granted Cotton Ginny Inc., CG Operations Limited ("H/O"), CG Operations I Limited and CG Operations II Limited, protection under the Companies’ Creditors Arrangement Act.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Dentons, Debtor, Unsecured debt, Capital punishment, Preferred stock, Ontario Superior Court of Justice
    Location:
    Canada
    Firm:
    Dentons
    The pension implications of the Wage Earner Protection Program
    2008-08-08

    On July 7, 2008, the Wage Earner Protection Program Act (the "WEPPA") was proclaimed into force, along with complementary amendments to the Bankruptcy and Insolvency Act (the "BIA") and other related statutes. The new program protects a limited amount of the unpaid wages of employees when an employer becomes bankrupt or is placed into receivership, and the amendments to the BIA provide for the priority of some un-remitted pension contributions.

    The Wage Earner Protection Program (the "WEPP")

    Filed under:
    Canada, Employment & Labor, Insolvency & Restructuring, Borden Ladner Gervais LLP, Wage, Bankruptcy, Income tax, Retirement, Remand (court procedure), Preferred stock, Severance package, Bankruptcy and Insolvency Act 1985 (Canada)
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    AIG restructuring
    2010-11-08

    On November 1st, the Treasury Department provided an update regarding the federal government's involvement with AIG. AIG will use the proceeds from its sale of one unit and the IPO from a second to repay the loan extended to AIG by the Federal Reserve Bank of New York and to repurchase a substantial amount of the FRBNY's preferred interests in certain AIG subsidiaries. AIG will then draw up to $22 billion in remaining Troubled Asset Relief Program funds from the Treasury Department to restructure its governmental obligations.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Winston & Strawn LLP, Share (finance), Initial public offering, Subsidiary, Preferred stock, US Federal Government, US Department of the Treasury, American International Group, Bank of New York Mellon
    Location:
    USA
    Firm:
    Winston & Strawn 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, American Recovery and Reinvestment Act 2009 (USA), HM Treasury (UK), US Department of the Treasury
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP

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