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    Nonresident parent companies may be liable for claims against their Minnesota subsidiaries under new court of appeals ruling
    2010-10-12

    The Minnesota Court of Appeals recently ruled that a nonresident parent company may be subject to suit in Minnesota for damages claims against its insolvent Minnesota subsidiary company. The decision would appear to defeat a primary reason for forming a separate subsidiary business entity: the protection of related entities and their assets from potential liability arising from the business operations of the subsidiary.

    Filed under:
    USA, Minnesota, Insolvency & Restructuring, Litigation, Larkin Hoffman Daly & Lindgren Ltd, Legal personality, Limited liability company, Personal jurisdiction, Debt, Mortgage loan, Good faith, Holding company, Subsidiary, Parent company, Minnesota Court of Appeals, Minnesota Supreme Court
    Authors:
    Gary A Van Cleve
    Location:
    USA
    Firm:
    Larkin Hoffman Daly & Lindgren Ltd
    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 engaged in Dodd-Frank rulemaking that may affect insurers and reinsurers
    2010-10-26

    The FDIC has published a Notice of Proposed Rulemaking proposing rules for the implementation of the Dodd-Frank Act provisions providing that the FDIC may, as a receiver, “resolve” (i.e., liquidate) covered financial companies.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Jorden Burt LLP, Federal Register, Reinsurance, Liquidation, Subsidiary, Federal Deposit Insurance Corporation (USA), HM Treasury (UK), Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), US Secretary of the Treasury
    Authors:
    Roland C. Goss
    Location:
    USA
    Firm:
    Jorden Burt 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 offerings, Subsidiary, Preferred stock, Troubled Asset Relief Program, US Federal Government, US Department of the Treasury, American International Group, Bank of New York Mellon
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Heeeeeeeere’s Ambac (and Ambac and Ambac)!
    2010-11-16

    There have been a number of stories about how Ambac filed for Chapter 11 on November 8. However, there’s Ambac and then there’s Ambac and then there’s Ambac. If that all sounds the same to you, we are actually referring to three different Ambacs and the purpose of this blog is to help clear up the market confusion. First there is the Ambac that filed for Chapter 11 on November 8, which is Ambac Financial Group Inc. (AFG). This must mean that the bankruptcy trigger events in the contracts of all of Ambac’s insured counterparties were triggered by the bankruptcy filing, right?

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Bracewell LLP, Bankruptcy, Accounting, Swap (finance), Holding company, Subsidiary, Insurance commissioner
    Location:
    USA
    Firm:
    Bracewell LLP
    Lehman seeks to unwind elevations of European loan participants
    2010-11-08

    In the jargon of the secondary bank loan market, loans beneficially owned by participation may be "elevated" to direct assignments once requisite administrative agent and/or borrower consent is obtained. Such "elevations" customarily have been viewed as straightforward transactions -- when completed, the participant simply stands in the shoes of the grantor and becomes the lender of record of the loan on the books of the administrative agent.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Securitization & Structured Finance, Richards Kibbe & Orbe LLP, Bankruptcy, Debtor, Interest, Debt, Liability (financial accounting), Liquidation, Holding company, Subsidiary, Lehman Brothers, Title 11 of the US Code
    Location:
    USA
    Firm:
    Richards Kibbe & Orbe LLP
    VeraSun Energy files 199 avoidance actions in bankruptcy court
    2010-11-16

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Limited liability company, Commodity, Limited liability partnership, Debt, Liquidation, Subsidiary, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Creditors of insolvent subsidiaries may bring derivative actions against parent company’s officers and directors for breach of fiduciary duties
    2010-12-01

    Official Committee of Unsecured Creditors of TOUSA, Inc. v. Technical Olympic, S.A. (In re TOUSA, Inc.), 2010 WL 3835829 (Bankr. S.D. Fla. 2010)

    CASE SNAPSHOT

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Shareholder, Unsecured debt, Security (finance), Breach of contract, Fiduciary, Board of directors, Debt, Standing (law), Involuntary dismissal, Stakeholder (corporate), Business judgement rule, Subsidiary, Parent company, United States bankruptcy court
    Authors:
    Brian M. Schenker
    Location:
    USA
    Firm:
    Reed Smith LLP
    Dodd-Frank: Title II Orderly Liquidation Authority
    2011-01-31

    On 18 January 2011, the Federal Deposit Insurance Corporation (“FDIC”) issued an interim final rule (the “Rule”) with request for comments regarding certain provisions of Title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd- Frank Act”). Title II creates the Orderly Liquidation Authority (“OLA”), which is a mechanism under which “covered financial companies” can be liquidated in a uniform fashion rather than under inconsistent insolvency regimes.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Mayer Brown, Consumer protection, Unsecured debt, Liquidation, Depository institution, Subsidiary, Parent company, Federal Deposit Insurance Corporation (USA), Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA)
    Authors:
    David W. Alberts , John C. Drnek
    Location:
    USA
    Firm:
    Mayer Brown
    FDIC board approves interim final rule on new liquidation authority and clarifies treatment of creditor claims
    2011-01-21

    The Board of Directors of the Federal Deposit Insurance Corporation (FDIC) voted on December 18 to approve 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, Katten Muchin Rosenman LLP, Shareholder, Consumer protection, Unsecured debt, Collateral (finance), Board of directors, Debt, Liquidation, Subsidiary, Pro rata, Federal Deposit Insurance Corporation (USA), Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Title 11 of the US Code
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP

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