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    Northern Rock restructuring to take effect January 1
    2009-12-08

    Today, the U.K. Treasury and Northern Rock plc separatelyannounced that the restructuring of Northern Rock will take place on January 1, 2010 (Transfer Date).

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Alston & Bird LLP, Retail, Debtor, Unsecured debt, Interest, Asset management, Swap (finance), Mortgage loan, Public limited company, Subordinated debt, European Commission, HM Treasury (UK), FSA
    Authors:
    Darren Cooper
    Location:
    United Kingdom
    Firm:
    Alston & Bird LLP
    Subordination Agreement Barred Bankruptcy Discovery Concerning Senior Debt
    2019-04-16

    In In re Argon Credit, LLC, 2019 WL 169315 (Bankr. N.D. Ill. Jan. 10, 2019), the U.S. Bankruptcy Court for the Northern District of Illinois ruled that, in accordance with section 510(a) of the Bankruptcy Code, a standby clause in a subordination agreement prevented a subordinated lender from conducting discovery concerning the senior lender’s claims.

    Filed under:
    USA, Illinois, Insolvency & Restructuring, Litigation, Jones Day, Federal Reporter, Debt, Subordinated debt, Delaware Supreme Court, United States bankruptcy court, First Circuit, US District Court for Northern District of Illinois, US District Court for District of Massachusetts
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Momentive Court Declines to Dismiss Creditors’ Appeals as Equitably Moot
    2018-06-08

    In Momentive Performance Materials, the Second Circuit declined to dismiss as equitably moot the appeals of certain noteholders.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Subordinated debt, Second Circuit, United States bankruptcy court
    Authors:
    David Nigel Griffiths
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Co-operation from the Co-op, but more bail-ins to follow?
    2013-07-08

    A look at the recent restructuring of the Co-operative Bank and EU proposals for mandatory reform

    The Co-operative Bank announced in mid-June that it would need to carry out a forced listing of £300m new shares on the London Stock Exchange to fill a capital hole of around £1.5bn. Co-op's difficulties are said to have been triggered by mounting losses at Britannia Building Society - which Co-Op acquired in 2009 - that were highlighted when the bank failed to follow through on its planned acquisition of 632 Lloyds branches in February this year.

    Filed under:
    United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, RPC, Bond (finance), Bail, Bailout, Subordinated debt
    Authors:
    Amy Gallimore
    Location:
    United Kingdom
    Firm:
    RPC
    The insolvency waterfall and Lehman Brothers
    2017-06-29

    In a comprehensive judgment arising out of the collapse of Lehman Brothers, the UK Supreme Court recently determined the ranking of creditors.

    Principally, the Court held that Lehman Brothers International (Europe)'s subordinated debt holders were "at the bottom of the waterfall", behind statutory interest and non-provable debt claimants.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Buddle Findlay, Shareholder, Interest, Debt, Liquidation, Lehman Brothers cases, Subordinated debt, Insolvency Act 1986 (UK), UK Supreme Court
    Authors:
    Bridie McKinnon , Matthew Triggs , Myles O'Brien , Susan Rowe , David Perry , Peter Niven , Scott Barker , Kelly Paterson , David Broadmore , Scott Abel , Jan Etwell , Willie Palmer
    Location:
    United Kingdom
    Firm:
    Buddle Findlay
    FDIC board issues proposed rule on Dodd-Frank resolution authority
    2010-10-12

    The Board of Directors of the Federal Deposit Insurance Corporation, or FDIC, voted on Friday, October 8, 2010, to approve a proposed rule clarifying how the agency would treat certain creditor claims under the new orderly liquidation authority established under the Dodd-Frank Wall Street Reform and Consumer Protection Act.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Stinson LLP, Consumer protection, Unsecured debt, Collateral (finance), Board of directors, Market liquidity, Debt, Liquidation, Subordinated debt, Federal Deposit Insurance Corporation (USA), Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Title 11 of the US Code, Federal Deposit Insurance Act 1950 (USA)
    Authors:
    Stephen M. Quinlivan
    Location:
    USA
    Firm:
    Stinson LLP
    FDIC proposes orderly liquidation rules
    2010-10-13

    Earlier today, the FDIC announced that the FDIC Board of Directors voted on Friday, October 8, 2010 to approve the issuance of a notice of proposed rulemaking (NPR) regarding the treatment of certain creditor claims under the FDIC’s new orderly liquidation authority established under Title II of the

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Bond market, Letter of credit, Unsecured debt, Collateral (finance), Board of directors, Market liquidity, Liquidation, Holding company, Subsidiary, Subordinated debt, US Federal Government, Federal Deposit Insurance Corporation (USA), Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA)
    Authors:
    Sean Doherty
    Location:
    USA
    Firm:
    Alston & Bird LLP
    FDIC proposes new resolution authority rules
    2010-10-18

    On October 12th, the FDIC published for comment proposed rules on how the agency would treat certain creditor claims under the new orderly liquidation authority established under the Dodd-Frank Act. The proposed rules bar any additional payments to holders of long-term senior debt, subordinated debt or equity interests that would result in those creditors recovering more than other creditors entitled to the same priority of payments under the law.

    Filed under:
    USA, Insolvency & Restructuring, Winston & Strawn LLP, Unsecured debt, Collateral (finance), Liquidation, Subordinated debt, US Federal Government, Federal Deposit Insurance Corporation (USA), Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA)
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    ION Media: developments in intercreditor disputes
    2011-01-05

    With the flood of debt-heavy capital structures created over the past decade, bankruptcy courts have been left to clean up the remnants of many failed transactions. Given the volume of debt provided, courts are likely to continue to be called upon to determine the relative rights of creditors that result from multi-tiered debt structures.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, McDermott Will & Emery, Bankruptcy, Credit (finance), Debtor, Unsecured debt, Collateral (finance), Debt, Foreclosure, Refinancing, Subordinated debt, Federal Communications Commission (USA), United States bankruptcy court
    Authors:
    Dick M. Okada , Bryan V. Swatt
    Location:
    USA
    Firm:
    McDermott Will & Emery
    FDIC board approves interim final rule on new orderly liquidation authority
    2011-01-18

    The Board of Directors of the Federal Deposit Insurance Corporation, or FDIC, approved an interim final rule clarifying how the agency will treat certain creditor claims under the new orderly liquidation authority established under the Dodd-Frank Wall Street Reform and Consumer Protection Act.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Stinson LLP, Shareholder, Consumer protection, Collateral (finance), Board of directors, Market liquidity, Debt, Liquidation, Subordinated debt, Pro rata, Federal Deposit Insurance Corporation (USA), US Congress, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Title 11 of the US Code, Federal Deposit Insurance Act 1950 (USA)
    Authors:
    Stephen M. Quinlivan
    Location:
    USA
    Firm:
    Stinson LLP

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