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    Recent significant commercial bankruptcy filings
    2011-02-28

    The following is a list of some recent larger U.S. bankruptcy filings in various industries. To the extent you are a creditor to any of these debtors, or other entities which may have filed for bankruptcy protection, you as a creditor are entitled to certain protections under the Bankruptcy Code.  

    DINING  

    Giordano’s Enterprises Inc. filed for Chapter 11 bankruptcy along with 32 of its affiliates.  

    Garden Operations Realty LP, the parent of New York bagel manufacturer H&H Bagels, has filed for Chapter 11 protection.  

    Filed under:
    USA, Insolvency & Restructuring, Masuda Funai Eifert & Mitchell Ltd, Bankruptcy, Debtor, Fraud, Option (finance), Investment company, Subsidiary, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Reinhold F. Krammer
    Location:
    USA
    Firm:
    Masuda Funai Eifert & Mitchell Ltd
    Is corporate bankruptcy an option for tribal casinos?
    2011-02-28

    Tribal economies are not immune to the recent global financial crisis and economic downturn. The Indian gaming industry was hit especially hard. After consistent year-over-year growth in tribal gaming revenues during the 1990s and continuing through 2008, industry revenues declined in 2009 and have continued to stagnate. Amid reports of several tribal casino defaults—and many more tribes with significant debt maturing in the near future that will need to be restructured—tribes and creditors must consider two questions: Are tribes and their corporations eligible for bankruptcy?

    Filed under:
    USA, Insolvency & Restructuring, Leisure & Tourism, Pillsbury Winthrop Shaw Pittman LLP, Bankruptcy, Debtor, Waiver, Debt, Default (finance), Casino, Sovereign immunity, US Code, Title 11 of the US Code
    Authors:
    Craig A. Barbarosh , Daron Tate Carreiro , Blaine I. Green , Mark D. Houle
    Location:
    USA
    Firm:
    Pillsbury Winthrop Shaw Pittman LLP
    A loan trader’s guide to reorganization equity
    2011-02-24

    The trading rules and conventions of the loan market are well known to its participants. Similarly, the laws and practices governing equity securities trading in the U.S. are quite familiar to securities market professionals. The opportunity for confusion may arise, however, when these two markets quickly converge—for example, when the loans of a reorganized borrower are converted into or satisfied by the issuance of equity securities.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Richards Kibbe & Orbe LLP, Confidentiality, Tax exemption, Bankruptcy, Debtor, Security (finance), Safe harbor (law), Insider trading, Distressed securities, Securities Exchange Act 1934 (USA), Securities Act 1933 (USA), Title 11 of the US Code
    Authors:
    Scott C. Budlong , Julia Lu
    Location:
    USA
    Firm:
    Richards Kibbe & Orbe LLP
    What is a fraudulent conveyance?
    2011-02-22

    First, let's get one thing clear. A fraudulent conveyance, despite its name, doesn't necessarily involve fraud, and it certainly doesn't involve driving goods across the state in a wagon pulled by horses.

    OK, now that we have that out of the way . . .

    Filed under:
    USA, Banking, Insolvency & Restructuring, Reed Smith LLP, Debtor, Collateral (finance), Fraud, Interest, Debt, Conveyancing, Subsidiary, Title 11 of the US Code
    Authors:
    Susan C. Alker
    Location:
    USA
    Firm:
    Reed Smith LLP
    Bad facts make bad law: another attack on MERS
    2011-03-01

    On February 10, 2011, the United States Bankruptcy Court for the Eastern District of New York issued a memorandum decision addressing whether the alleged holder of a mortgage loan had sufficient status as a secured creditor to seek relief from the automatic stay to pursue a foreclosure action.1 After resolving the primary issue in controversy on purely procedural grounds and granting the requested relief, the Court analyzed whether an entity that acquires its interest in a mortgage loan through an assignment from Mortgage Electronic Registration Systems, Inc.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Dentons, Debtor, Res judicata and issue estoppel, Mortgage loan, Foreclosure, Standing (law), Secured creditor, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Aimee M. Cummo , Stephen Kudenholdt , Hugh M. McDonald , Mitchell G. Williams
    Location:
    USA
    Firm:
    Dentons
    The nuts and bolts of credit bidding: a primer for traditional lenders and distressed debt investors
    2011-03-01

    What is credit bidding? Distilled to its most basic level, Section 363(k) of the Bankruptcy Code gives a secured creditor the right to use up to the full amount of the debt owed to the secured creditor by the debtor as currency in a bankruptcy auction sale of the collateral securing the debt owed to the secured creditor.

    Filed under:
    USA, Insolvency & Restructuring, Sills Cummis & Gross P.C., Bankruptcy, Credit (finance), Debtor, Collateral (finance), Debt, Secured creditor, Distressed securities, Title 11 of the US Code
    Location:
    USA
    Firm:
    Sills Cummis & Gross P.C.
    Bankruptcy court validates sale process in Lehman’s multi-billion-dollar ‘windfall’ suit against Barclays Capital - decision highlights extraordinary burden required to overturn a section 363 bankruptcy sale
    2011-03-07

    In a long-awaited decision released on February 22, 2011, Judge James M. Peck of the United States Bankruptcy Court for the Southern District of New York ruled in favor of Barclays Capital in Lehman Brothers Holding Inc.’s multi-billion-dollar lawsuit arising out of the sale of Lehman’s investment banking and brokerage assets, which occurred in September of 2008.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy, Security (finance), Board of directors, Investment banking, Systemic risk, Brokerage firm, Barclays, Federal Reserve Bank, Lehman Brothers, Federal Reserve Bank of New York, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Leon R. Barson , John Henry Schanne, II
    Location:
    USA
    Firm:
    Troutman Pepper
    New California debt settlement bill would limit fees to no more than 15% of consumer savings
    2011-03-18

    A new bill introduced in California would prohibit debt settlement providers from charging any fees in excess of 15% of the amount of consumers’ savings as a result of any settlement.

    The Debt Settlement Consumer Act (Senate Bill 708) was introduced in February 2011 by State Senator Ellen Corbett (R-San Mateo), who headed the California Senate Judiciary Committee that stopped a proposed regulation (Assembly Bill 350) last year that had drawn support from the debt settlement industry. The bill is supported by the Center For Responsible Lending and the Consumers Union.

    Filed under:
    USA, California, Banking, Insolvency & Restructuring, Loeb & Loeb LLP, Consumer protection, Fraud, Witness, Good faith, Subpoena, Annual report, Pro rata, US Senate Committee on the Judiciary, US Code, Title 11 of the US Code
    Location:
    USA
    Firm:
    Loeb & Loeb LLP
    New proposed FDIC rules presume compensation subject to clawback and clarify orderly liquidation authority
    2011-03-15

    The Board of Directors of the Federal Deposit Insurance Corporation, or FDIC, approved a Notice of Proposed Rulemaking, or NPR, to further clarify application of the orderly liquidation authority, or OLA, contained in Title II of the Dodd-Frank Act. The FDIC believes the NPR builds on the interim rule approved by the FDIC on January 18, 2011, which clarified certain discrete issues under the OLA.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Stinson LLP, Board of directors, General counsel, Liquidation, Mandate (international law), Federal Deposit Insurance Corporation (USA), Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Title 11 of the US Code, Chief financial officer, Chief operating officer
    Location:
    USA
    Firm:
    Stinson LLP
    District court reverses bankruptcy court’s decision in TOUSA
    2011-03-15

    3V Capital Master Fund LTD. v. Official Comm. of Unsecured Creditors of TOUSA, Inc. (In re TOUSA, Inc.), 2011 U.S. Dist. LEXIS 14019 (S.D. Fla. Feb. 11, 2011).

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Bond (finance), Bankruptcy, Surety, Debtor, Unsecured debt, Breach of contract, Interest, Debt, Subsidiary, Secured loan, Title 11 of the US Code, United States bankruptcy court, Eleventh Circuit, US District Court for Southern District of Florida
    Authors:
    Mitchell A. Seider , Melinda C. Franek , Emily B. Menchel
    Location:
    USA
    Firm:
    Latham & Watkins LLP

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