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    Bankruptcy court holds that section 546(e) safe harbor does not apply to “settlement payments” made in a small, private leveraged buyout that poses no systemic risk to the securities market
    2011-05-11

    In Geltzer v. Mooney (In re MacMenamin’s Grill, Ltd.), Adv. Pro. No. 09-8266 (Bankr. S.D.N.Y. April 21, 2011), the United States Bankruptcy Court for the Southern District of New York held that the safe harbor in section 546(e) of the Bankruptcy Code does not apply to a small, private leveraged buyout (LBO) transaction that posed no systemic risk to the stability of the financial markets.

    Filed under:
    USA, New York, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Shareholder, Debtor, Fraud, Safe harbor (law), Interest, Leveraged buyout, Systemic risk, Title 11 of the US Code, United States bankruptcy court, US District Court for the Southern District of New York
    Authors:
    Jason H. Watson , David A. Wender , Jonathan T. Edwards
    Location:
    USA
    Firm:
    Alston & Bird LLP
    How Dodd-Frank impacts creditors of bankrupt banks
    2014-03-31

    Law360, New York (March 25, 2014, 1:21 PM ET) -- On Feb. 11, the three private plaintiff-appellants and 11 state plaintiff-appellants in State National Bank of Big Spring et al. v. Jacob J. Lew et al. filed briefs with the U.S. Court of Appeals for the District of Columbia Circuit in their appeal of the district court’s decision that the plaintiffs lacked standing to challenge certain provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act, Pub. L. No. 111-203, 124 Stat. 1376 (2010).

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Sheppard Mullin Richter & Hampton LLP, Bankruptcy, Liquidation, Systemic risk, Federal Deposit Insurance Corporation (USA), Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA)
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    How Dodd-Frank impacts creditors of bankrupt banks
    2014-03-25

    On Feb. 11, the three private plaintiff- appellants and 11 state plaintiff-appellants in State National Bank of Big Spring et al. v. Jacob J. Lew et al. filed briefs with the U.S. Court of Appeals for the District of Columbia Circuit in their appeal of the district court’s decision that the plaintiffs lacked standing to challenge certain provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act, Pub. L. No. 111-203, 124 Stat. 1376 (2010).

    Filed under:
    USA, Banking, Insolvency & Restructuring, Sheppard Mullin Richter & Hampton LLP, Liquidation, Systemic risk, 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:
    Sheppard Mullin Richter & Hampton LLP
    Split in courts continues—private stock purchase payments not protected by Section 546 safe harbor
    2011-09-14

    Geltzer v. Mooney (In re MacMenamin’s Grill Ltd.), Adv. Case. No. 09-8266, Bankr. Case No. 08-23660, 2011 WL 1549056 (Bankr. S.D.N.Y. Apr. 21, 2011)

    CASE SNAPSHOT

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Shareholder, Debtor, Security (finance), Fraud, Safe harbor (law), Writ, Leveraged buyout, Systemic risk, Secured loan, Title 11 of the US Code, Trustee, United States bankruptcy court
    Authors:
    Brian M. Schenker
    Location:
    USA
    Firm:
    Reed Smith LLP
    Living wills: FDIC approves final rules
    2011-09-16

    On Tuesday morning, the Federal Deposit Insurance Corporation (“FDIC”) Board unanimously approved two rules regarding resolution planning: one rule for large bank holding companies and nonbank financial companies supervised by the Federal Reserve Board of Governors (“FRB”),1 and the other rule for large banks.2

    Filed under:
    USA, Banking, Insolvency & Restructuring, Morrison & Foerster LLP, Board of directors, Federal Register, Federal Reserve Board, Liquidation, Depository institution, Bank holding company, Default (finance), Bank regulation, Systemic risk, Subsidiary, Federal Deposit Insurance Corporation (USA), Financial Stability Oversight Council, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA)
    Authors:
    Dwight Smith , Alexandra Steinberg Barrage , Jeremy Mandell
    Location:
    USA
    Firm:
    Morrison & Foerster LLP
    Second Circuit's opinion may insulate payments previously beyond bounds of Bankruptcy Code Section 546(e)
    2011-09-07

    On June 28, 2011, the Second Circuit, in a 2-1 decision, held that Bankruptcy Code section 546(e) shields from avoidance in bankruptcy cases an issuer's payments to redeem its commercial paper prior to maturity. See Enron Creditors Recovery Corp. v. Alfa, S.A.B. de CV, Enron Creditors Recovery Corp. v. ALFA, S.A.B. de C.V., Nos. 09-5122-bk(L), 09-5142-bk (Con), 2011 U.S. App. LEXIS 13177 (2d Cir. June 28, 2011). The decision marks the first time an appeals court has considered whether redemption payments constitute "settlement payments" under section 546(e).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Seyfarth Shaw LLP, Unsecured debt, Security (finance), Discovery, Commodity broker, Maturity (finance), Systemic risk, Debenture, Commercial paper, Enron, Second Circuit, United States bankruptcy court
    Authors:
    Gus A. Paloian , Ryan Pinkston
    Location:
    USA
    Firm:
    Seyfarth Shaw 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
    Update on General Growth Properties bankruptcy
    2009-06-08

    The Chapter 11 filings on April 16, 2009 by General Growth Properties, Inc. (“GGP”), GGP Limited Partnership (“GGP LP”) and 166 of their shopping center subsidiaries, many of which were formed as bankruptcy-remote, special purpose entities (“SPEs”), raised concerns for the commercial mortgage-backed securities (“CMBS”) industry.

    Filed under:
    USA, Insolvency & Restructuring, Securitization & Structured Finance, Locke Lord LLP, Bankruptcy, Debtor, Collateral (finance), Interest, Mortgage loan, Joint venture, Cashflow, Default (finance), Systemic risk, Subsidiary, Commercial mortgage-backed security, Mortgage-backed security, Secured loan, Credit rating agency
    Authors:
    Edward J. Bertozzi, Jr. , Kathleen M. Conlon , Lorne W. McDougall , Theodore W. Connolly
    Location:
    USA
    Firm:
    Locke Lord LLP
    Fourth Circuit examines swap agreements subject to Bankruptcy Code safe harbors
    2009-06-24

    In Hutson v. E.I. du Pont de Nemours & Co.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Fraud, Natural gas, Safe harbor (law), Swap (finance), Commodity, Maturity (finance), Systemic risk, DuPont, Title 11 of the US Code, Trustee, United States bankruptcy court, Fourth Circuit
    Authors:
    Mark C. Ellenberg
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Lehman bankruptcy court holds ISDA swap counterparty in violation of automatic stay/counterparty seeks modification
    2009-09-29

    In a recent ruling from the bench, Judge James M. Peck of the United States Bankruptcy Court for the Southern District of New York held that Metavante Corporation’s suspension of payments under an outstanding swap agreement with Lehman Brothers Special Financing Inc.

    Filed under:
    USA, New York, Derivatives, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Condition precedent, Debtor, Safe harbor (law), Swap (finance), Default (finance), Systemic risk, International Swaps and Derivatives Association, Lehman Brothers, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Mark C. Ellenberg
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP

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