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    Congressional Oversight Panel releases report on use of TARP funds to reorganize U.S. auto industry
    2009-09-11

    After holding a hearing on the topic this past July, the Congressional Oversight Panel (COP) released a report earlier this week entitled, “The Use of TARP Funds in Support and Reorganization of the Domestic Automotive Industry,” examining how TARP funds have been used to support and reorganize both

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Conflict of interest, Public company, Bankruptcy, Shareholder, Fiduciary, Interest, Privately held company, Due diligence, Troubled Asset Relief Program, US Federal Government, HM Treasury (UK), US Department of the Treasury, General Motors, Chrysler
    Authors:
    Anjali Desai
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Chrysler and GM: courts extend law on sales, recharacterization
    2009-09-30

    Earlier this year, Courts from the Bankruptcy Courts for the Southern District of New York to the United States Supreme Court issued a number of rulings approving the asset sales by Chrysler and General Motors. Although popular and industry media have been replete with stories regarding the facts of these cases, this article provides an in-depth analysis of the Courts’ rulings on several key issues of interest to debtors and creditors in future bankruptcies.

    Summary of Key Rulings

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Liquidation, Bridge loan, US Department of the Treasury, United Automobile Workers, General Motors, Chrysler, Supreme Court of the United States, Second Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    House Judiciary Subcommittee holds hearing to examine the roles of bankruptcy law and a new resolution authority to combat “too big to fail” doctrine
    2009-10-22

    Today, the House Judiciary Committee’s Subcommittee on Commercial and Administrative Law held a hearing to discuss the role of bankruptcy and antitrust law in financial regulatory reform, particularly with respect to institutions that may be regarded as “too big to fail,” as highlighted during the financial crisis.

    Testifying before the Subcommittee were the following witnesses:

    Panel I

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Bailout, Administrative law, Bank holding company, Federal Deposit Insurance Corporation (USA), US Department of the Treasury, American International Group, US House Committee on the Judiciary, Lehman Brothers
    Authors:
    Colin Roberts
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Treasury releases completed transactions report
    2009-12-15

    Yesterday, Treasury released its most recent completed transactions report for the period ending December 10, 2009.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Preferred stock, Warrant (finance), Capital Purchase Program, US Department of the Treasury, JPMorgan Chase
    Location:
    USA
    Firm:
    Alston & Bird LLP
    TCW withdraws securities from the Public-Private Investment Program
    2010-01-07

    This past Monday, in the wake of last month's termination of TCW Group, Inc.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Alston & Bird LLP, Security (finance), Investment management, Debt, Mortgage loan, Liquidation, US Department of the Treasury
    Authors:
    Darren Cooper
    Location:
    USA
    Firm:
    Alston & Bird LLP
    House subcommittee holds hearing on bank failures
    2010-01-22

    Yesterday, the Subcommittee on Financial Institutions and Consumer Credit of the House Committee on Financial Services held a hearing entitled “The Condition of Financial Institutions: Examining the Failure and Seizure of an American Bank.” Participants in the hearing examined the current state of U.S.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Credit (finance), Security (finance), Bank holding company, Community bank, Subsidiary, Preferred stock, Office of the Comptroller of the Currency (USA), Federal Deposit Insurance Corporation (USA), US Department of the Treasury, US House of Representatives, US House Committee on Financial Services, Chief executive officer
    Authors:
    Sarah McElroy
    Location:
    USA
    Firm:
    Alston & Bird LLP
    FDIC board approves orderly liquidation authority rules and sets expectations for living wills rules timing
    2011-07-11

    On July 6, 2011 the Federal Deposit Insurance Corporation's ("FDIC's") Board of Directors met in open session, voting unanimously to approve a final rule addressing the claims process and other aspects of the FDIC's orderly liquidation authority under Title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank").  The Board also discussed the FDIC's progress in preparing final rules with respect to both resolution planning under Dodd-Frank and the FDIC's own proposal, issued prior to the enactment of Dodd-Frank, separately calling for certain large insured de

    Filed under:
    USA, Banking, Insolvency & Restructuring, Gibson Dunn & Crutcher LLP, Bankruptcy, Consumer protection, Unsecured debt, Board of directors, Liquidation, Depository institution, Advance healthcare directive, Federal Deposit Insurance Corporation (USA), US Department of the Treasury, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Title 11 of the US Code
    Authors:
    Kimble Charles Cannon
    Location:
    USA
    Firm:
    Gibson Dunn & Crutcher LLP
    Silver Linings Playbook: Celsius Bankruptcy Ruling Provides Cryptocurrency Tax Planning Opportunities
    2023-04-12

    Although it’s inaccurate to say that the Chinese character for “crisis” combines the characters for danger and opportunity, the thought has resonated since President Kennedy repeatedly used this trope in his presidential campaign speeches.

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Tax, Mayer Brown, Cryptocurrency, Internal Revenue Service (USA), US Department of the Treasury
    Location:
    USA
    Firm:
    Mayer Brown
    Silicon Valley Bank: What the 2nd Largest US Bank Failure Means for Policyholders
    2023-03-16

    In the second largest US bank failure since the 2008 global financial crisis, the California Department of Financial Protection and Innovation took over Silicon Valley Bank (“SVB”) on March 10 and appointed the Federal Deposit Insurance Corporation (“FDIC”) as SVB’s receiver. Just two days later, the New York State Department of Financial Services took over another bank, Signature Bank, and appointed the FDIC as receiver. And, yesterday, the share price of various European banks plunged following record one-day selloffs.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Hunton Andrews Kurth LLP, Venture capital, Due diligence, Insolvency, Federal Deposit Insurance Corporation (USA), US Department of the Treasury, HSBC, Silicon Valley Bank
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP
    FAQs Regarding the Failures of Silicon Valley Bank and Signature Bank
    2023-03-12

    On Sunday, March 12th, the Treasury Department, the FDIC, and the Board of Governors of the Federal Reserve System (Fed) (the Agencies) announced that the New York Department of Financial Services had appointed the FDIC as receiver for Signature Bank, which was closed on March 11th.  Subsequently, the FDIC announced that it had transferred substantially all of the assets and all of the deposits of Signature Bank to the newly created Signature Bridge Bank, N.A.  Early on March 13th, the FDIC announced a similar transfer of assets and deposits to Silicon Valley Bank, N.A., another n

    Filed under:
    USA, Banking, Insolvency & Restructuring, Dechert LLP, Insolvency, Federal Deposit Insurance Corporation (USA), US Department of the Treasury, HSBC, Silicon Valley Bank
    Authors:
    Robert J. Rhatigan , Shmuel Vasser , En-Min Chua
    Location:
    USA
    Firm:
    Dechert LLP

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