Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    CFTC amends rule regarding operation of commodity brokers in bankruptcy
    2010-07-30

    The Commodity Futures Trading Commission has announced that it will amend its Regulation 190.04(d)(2) regarding the operation of a commodity broker in bankruptcy. Currently, a bankruptcy trustee is prohibited, immediately upon the commencement of the commodity broker’s bankruptcy case, from processing any new trades on behalf of customers of the commodity broker, with limited exceptions.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Katten Muchin Rosenman LLP, Bankruptcy, Commodity, US Securities and Exchange Commission, Commodity Futures Trading Commission (USA), Trustee
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Motion to dismiss Lehman-related securities class action denied
    2010-05-28

    Judge John Koeltl in the U.S. District Court for the Southern District of New York recently denied a motion to dismiss a securities class action arising, in part, from the Lehman Brothers bankruptcy filing.

    Filed under:
    USA, Banking, Capital Markets, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Bankruptcy, Surety, Class action, Maturity (finance), Involuntary dismissal, Bankruptcy of Lehman Brothers, Securities Exchange Act 1934 (USA), US Securities and Exchange Commission, Lehman Brothers, US District Court for SDNY
    Authors:
    William M. Regan , Jessica M. Garrett
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    CFTC creates separate bankruptcy account class for cleared otc derivatives
    2010-04-02

    The Commodity Futures Trading Commission has amended its bankruptcy rules (17 C.F.R. Part 190) to create a new “account class” for cleared over-the-counter (OTC) derivatives for purposes of calculating customer “net equity” and “allowed net equity” in the event of the bankruptcy of a futures commission merchant.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Katten Muchin Rosenman LLP, Bankruptcy, Clearing (finance), Collateral (finance), Commodity broker, Commodity Exchange Act 1936 (USA), US Securities and Exchange Commission, Commodity Futures Trading Commission (USA)
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    CFTC proposes new rules regarding operation of commodity brokers in bankruptcy
    2009-12-18

    The Commodity Futures Trading Commission is proposing to amend its Bankruptcy Rules to permit the trustee for a bankrupt futures commission merchant to continue to operate the business of the commodity broker in the ordinary course for a limited period of time.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Katten Muchin Rosenman LLP, Bankruptcy, Commodity, Commodity broker, Consideration, Liquidation, US Securities and Exchange Commission, Commodity Futures Trading Commission (USA), Trustee
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    CFTC proposes to amend bankruptcy rules to establish cleared OTC derivatives as a separate account class
    2009-08-14

    The Commodity Futures Trading Commission has proposed to amend its Bankruptcy Rules, 17 CFR Part 190, to establish cleared over-the-counter derivatives as a separate account class for the purpose of calculating “net equity” and “allowed net equity” for each customer in the event of the bankruptcy of a futures commission merchant.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Katten Muchin Rosenman LLP, Bankruptcy, Clearing (finance), Futures contract, Commodity broker, Over-the-counter (finance), Margin (finance), Code of Federal Regulations, US Securities and Exchange Commission, Commodity Futures Trading Commission (USA)
    Authors:
    Jeffrey M. Werthan , Christina J. Grigorian
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Non-parties enjoined from filing bankruptcy petitions against entities in receivership
    2009-01-09

    The Securities and Exchange Commission brought an action against several individuals and related investment entities (the Wextrust Entities) who allegedly participated in a Ponzi scheme that purportedly defrauded over 1,000 investors of approximately $255 million.

    Filed under:
    USA, New York, Capital Markets, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Bankruptcy, Injunction, Fraud, US Securities and Exchange Commission, Westlaw, Second Circuit, Ninth Circuit, Sixth Circuit, US District Court for SDNY
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Directors of insolvent company did not breach fiduciary duties
    2008-11-14

    Plaintiff, the trustee of the Chapter 7 estate of Security Asset Capital Corporation (SACC), a corporate debtor, brought an action against the debtor’s officers and directors, alleging that they breached their fiduciary duties by failing to commence Chapter 7 liquidation once SACC became insolvent.

    Filed under:
    USA, Minnesota, Company & Commercial, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Debtor, Unsecured debt, Breach of contract, Fiduciary, Board of directors, Liquidation, Good faith, Business judgement rule, US Securities and Exchange Commission, Westlaw, Trustee
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Treatment of customers and financial counterparties in stockbroker liquidations under SIPA and the Bankruptcy Code
    2008-06-04

    With the possibility of a major stock brokerage liquidation appearing more likely than it has been in recent periods, the effect of a liquidation on customers and financial counterparties has become of great interest to many of our clients and others.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Katten Muchin Rosenman LLP, Bankruptcy, Unsecured debt, Injunction, Security (finance), Swap (finance), Economy, Liquidation, Broker-dealer, Brokerage firm, Title 11 of the US Code, US Securities and Exchange Commission, Securities Investor Protection Corporation, United States bankruptcy court
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Motion to dismiss claims against former officers and directors denied
    2007-04-06

    The District Court sustained claims of breach of fiduciary duty, fraud and deepening insolvency asserted by the successor-in-interest to the Committee of Unsecured Creditors of DVI, a defunct company, against DVI’s former officers and directors.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Bankruptcy, Breach of contract, Fraud, Fiduciary, Board of directors, Interest, Credit risk, Misrepresentation, Good faith, Business judgement rule, US Securities and Exchange Commission, Westlaw
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    First CIRC.: no 'reasonably equivalent value' in exchange for tuition payments
    2020-05-21

    In In re Palladino, 942 F.3d 55 (1st Cir. 2019), the U.S. Court of Appeals for the First Circuit addressed whether a debtor receives “reasonably equivalent value” in exchange for paying his adult child’s college tuition. The Palladino court answered this question in the negative, thereby contributing to the growing circuit split regarding the avoidability of debtors’ college tuition payments for their adult children as constructively fraudulent transfers.

    Background

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Duane Morris LLP, Title 11 of the US Code, US Securities and Exchange Commission, United States bankruptcy court, First Circuit, U.S. Court of Appeals
    Authors:
    Rudolph J. Di Massa, Jr. , Elisa Hyder
    Location:
    USA
    Firm:
    Duane Morris LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 33
    • Page 34
    • Page 35
    • Page 36
    • Page 37
    • Page 38
    • Page 39
    • Current page 40
    • Page 41
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days