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    Innkeepers bankruptcy court rules on CMBS certificateholder’s standing
    2011-03-31

    In a recent decision, the United States Bankruptcy Court for the Southern District of New York ruled that a certificateholder of two CMBS securitization trusts (“CMBS Trusts”) had no standing to be heard in a chapter 11 case involving the borrowers under a securitized mortgage loan held by the CMBS Trusts.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Sidley Austin LLP, Mortgage loan, Standing (law), Commercial mortgage-backed security, United States bankruptcy court
    Location:
    USA
    Firm:
    Sidley Austin LLP
    AMR update: claims trading opportunities
    2012-08-08

    AMR Corp. and its subsidiaries (collectively “AMR”), including American Airlines Inc., filed for Chapter 11 protection in the Bankruptcy Court for the Southern District of New York (the “Court”) on November 29, 2011.

    Filed under:
    USA, Aviation, Insolvency & Restructuring, Litigation, Sidley Austin LLP
    Location:
    USA
    Firm:
    Sidley Austin LLP
    Eleventh Circuit reverses TOUSA District Court and upholds fraudulent conveyance claims
    2012-05-17

    On May 15, 2012, the United States Court of Appeals for the Eleventh Circuit issued an important opinion1 in the ongoing fraudulent conveyance litigation brought by the unsecured creditors’ committee in the bankruptcy of homebuilder TOUSA, Inc. (“TOUSA”).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Sidley Austin LLP, Eleventh Circuit
    Location:
    USA
    Firm:
    Sidley Austin LLP
    In re Sabine Oil and Gas: Final Ruling Issued Authorizing Rejection of Gas-Gathering Agreements
    2016-05-04

    On May 3, 2016, Judge Shelley Chapman issued a final ruling in the Sabine Oil and Gas bankruptcy proceedings permitting the debtor to reject gas-gathering and related agreements with two midstream companies.

    Filed under:
    USA, New York, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Sidley Austin LLP
    Location:
    USA
    Firm:
    Sidley Austin LLP
    Vigilance with regard to continuation statement filings
    2009-05-08

    A recent court decision, Thermal Supply, Inc. v. Big Sky Beef,LLC, 195 P.3d 1227 (Mont. 2008) underscores the importance of filing Uniform Commercial Code (“UCC”) continuation statements to prevent the lapse of financing statements even during bankruptcy or litigation.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Sidley Austin LLP, Bankruptcy, Limited liability company, Uniform Commercial Code (USA)
    Location:
    USA
    Firm:
    Sidley Austin LLP
    Developments in the General Growth Properties case
    2009-06-19

    Pending motions in the Bankruptcy Court for the Southern District of New York in General Growth Properties’ (GGP) bankruptcy case (Case No. 09-11977) are expected to shed new light on how courts may treat real estate special-purpose entities in bankruptcy and may also have implications for the efficacy of bankruptcy-remote SPE structures used in asset-backed securitization transactions.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Sidley Austin LLP, Bankruptcy, Asset-backed security, United States bankruptcy court
    Location:
    USA
    Firm:
    Sidley Austin LLP
    General Growth bankruptcy judge rejects bid by creditors to dismiss Chapter 11 filings of special purpose entities
    2009-08-28

    On August 11, 2009, in a closely monitored dispute in the bankruptcy proceeding of General Growth Properties, Inc. (“GGP”), the Bankruptcy Court for the Southern District of New York rejected motions filed by several mortgage lenders to dismiss the bankruptcy filings of certain special purpose entity subsidiaries (SPEs) of GGP. In re General Growth Properties, Inc., et al., No. 09-11977, slip op. (Bankr. S.D.N.Y. Aug. 11, 2009).

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Sidley Austin LLP, Bankruptcy, Mortgage loan, Involuntary dismissal, Subsidiary, United States bankruptcy court, US District Court for the Southern District of New York
    Location:
    USA
    Firm:
    Sidley Austin LLP
    Stern warning to swap counterparties from Lehman bankruptcy judge
    2009-10-09

    On September 15, 2009, in an order read from the bench, the Honorable James M. Peck, Bankruptcy Judge in the United States Bankruptcy Court for the Southern District of NewYork, and the presiding judge in the Chapter 11 proceedings of Lehman Brothers Holdings Inc. (“LBHI”) and other associated Lehman Brothers United States entities, held a key provision of the standard ISDA Master Agreement unenforceable in a bankruptcy context.

    Filed under:
    USA, New York, Derivatives, Insolvency & Restructuring, Litigation, Sidley Austin LLP, Bankruptcy, Swap (finance), Lehman Brothers, United States bankruptcy court
    Location:
    USA
    Firm:
    Sidley Austin LLP
    In re TOUSA, Inc.
    2009-10-27

    In an October 13, 2009 decision involving bankrupt homebuilder TOUSA, Inc. (“TOUSA”), the United States Bankruptcy Court for the Southern District of Florida (the “Court”) avoided as fraudulent transfers certain liens given and debt obligations incurred by several of TOUSA’s subsidiaries to a syndicate of lenders who provided $500 million of new loans to TOUSA. In addition, the Court ordered those lenders, and others that received the proceeds of the new loans, to repay hundreds of millions of dollars to the bankrupt estates of these subsidiaries.

    Filed under:
    USA, Florida, Construction, Insolvency & Restructuring, Litigation, Sidley Austin LLP, Bankruptcy, Fraud, Debt, Subsidiary, United States bankruptcy court
    Location:
    USA
    Firm:
    Sidley Austin LLP
    “Show me the money”: when financial trouble strikes parties to a reinsurance trust agreement
    2010-02-04

    I. Introduction

    When entering into a reinsurance agreement, a ceding company and a reinsurer may also enter into a related reinsurance trust agreement  

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Sidley Austin LLP, Reinsurance
    Location:
    USA
    Firm:
    Sidley Austin LLP

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