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    What is happening to AIG?
    2009-03-02

    This morning, March 2, 2009, American International Group, Inc. ("AIG") announced a loss of $61.7 billion for the fourth quarter of 2008, a total net loss for 2008 of $99.29 billion, and a major restructuring of its operations, including a new federal infusion of $30 billion, forgiveness of certain debts, and relaxation of prior bailout terms. For comparison purposes, all insured losses for all insurance companies (not just AIG) relating to Hurricane Katrina are estimated at slightly more than $40 billion.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Reed Smith LLP, Bond market, Bankruptcy, Debt, Bailout, Holding company, Subsidiary, Preferred stock, Casualty insurance, Mortgage-backed security, US Department of the Treasury, American International Group, Federal Reserve (USA), MetLife, Moody's Investors Service
    Authors:
    Ann V. Kramer , Paul Walker-Bright , Timothy P. Law
    Location:
    USA
    Firm:
    Reed Smith LLP
    Third Circuit predicts New Jersey courts would recognize "deepening insolvency” damages
    2009-02-28

    In Thabalt v Chait (Nov. 2008), the U.S. Court of Appeals for the Third Circuit upheld an award of damages against PriceWaterhouseCoopers LLP (PWC) based on PWC’s alleged negligent audit of the Ambassador Insurance Company. Plaintiff, the Vermont Insurance

    Filed under:
    USA, New Jersey, Insolvency & Restructuring, Faegre Drinker Biddle & Reath LLP, Audit, Interest, Debt, Liability (financial accounting), Negligence, Liquidation, Remand (court procedure), KPMG, Supreme Court of the United States, Third Circuit, New Jersey Supreme Court
    Location:
    USA
    Firm:
    Faegre Drinker Biddle & Reath LLP
    House delays vote on mortgage relief legislation
    2009-02-27

    Yesterday afternoon, the House delayed a vote on H.R. 1106, “Helping Families Save Their Homes Act of 2009” (the “Act”) after a little over an hour of debate, amidst unexpected opposition from some Democrats.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Real Estate, Alston & Bird LLP, Bankruptcy, Debtor, Fraud, Mortgage loan, Foreclosure, Deposit insurance, US Department of Justice, Federal Deposit Insurance Corporation (USA), Government Accountability Office, US House of Representatives, Congressional Budget Office, Federal Housing Administration, US Secretary of the Treasury, United States bankruptcy court
    Location:
    USA
    Firm:
    Alston & Bird LLP
    New bankruptcy cram down and foreclosure prevention legislation introduced
    2009-02-26

    This week, Representative John Conyers introduced the “Helping Families Save Their Homes Act of 2009” (H.R. 1106) (the “Act”), which has been circulated in advance of a vote by the House of Representatives anticipated as early as today. Additional amendments have been offered to the bill, but it is unclear which, if any, will be incorporated into the final text. It is not expected that the Senate will consider its version of the bill until mid-March.

    Filed under:
    USA, Insolvency & Restructuring, Securitization & Structured Finance, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Unsecured debt, Collateral (finance), Mortgage loan, Foreclosure, Bond credit rating, Mortgage-backed security, Pro rata, US House of Representatives, US Department of Veterans Affairs, United States bankruptcy court
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Fisk Ventures, LLC v. Segal, et al.
    2009-02-24

    C.A. No. 3017-CC (Del. Ch. February 24, 2009)

    On February 24, 2009, Chancellor Chandler issued a two-page order in Fisk Ventures, LLC v. Segal, et al. addressing several aspects of the Order and Decree of Judicial Dissolution of Genitrix, as to which the parties could not agree upon the form and content of the petitioner’s form of order. One of Chancellor Chandler’s conclusions merits additional attention.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Potter Anderson & Corroon LLP, Limited liability company, Liability (financial accounting), Liquidation, Liquidator (law), Delaware Supreme Court
    Location:
    USA
    Firm:
    Potter Anderson & Corroon LLP
    Recent significant commercial bankruptcy filings
    2009-02-24

    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.  

    ALUMINIUM

    Aleris International U.S. operations file under Chapter 11; DIP financing approved.  

    AUTOMOTIVE  

    Court approves Key Plastics’ joint plan; Michigan company emerges from Chapter 11.  

    Filed under:
    USA, Insolvency & Restructuring, Masuda Funai Eifert & Mitchell Ltd, Bankruptcy, Debtor, Unsecured debt, Video game, Subsidiary, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Masuda Funai Eifert & Mitchell Ltd
    The American Recovery and Reinvestment Act encourages debt repurchases and restructurings
    2009-02-20

    Recent declines in the trading prices of many companies' debt securities has created opportunities for those companies to reacquire a portion or all of that debt at substantial discounts through open market repurchases, privately negotiated transactions and tender offers. In some cases, the opportunities for discounted repurchases come to companies directly from investors seeking to sell the debt back in order to meet their own cash needs or otherwise obtain liquidity for thinly-traded securities.

    Filed under:
    USA, Insolvency & Restructuring, Dentons, Private equity, Security (finance), Market liquidity, Privately held company, Accounting, Debt, Tax deduction, Fair market value, Debt restructuring, Buyout, American Recovery and Reinvestment Act 2009 (USA)
    Location:
    USA
    Firm:
    Dentons
    Fourth Circuit reverses bankruptcy court's narrow reading of "swap agreements"
    2009-02-18

    The Fourth Circuit’s reversal of the bankruptcy court’s narrow reading of swap agreement clarifies the nature of agreements entitled to broad protections under the Bankruptcy Code, but until the decision is fully implemented on remand, swap participants will bear increased risk in hedging transactions.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Litigation, McDermott Will & Emery, Bankruptcy, Natural gas, Swap (finance), Commodity, Remand (court procedure), US Congress, DuPont, International Swaps and Derivatives Association, Title 11 of the US Code, Trustee, United States bankruptcy court, Fourth Circuit
    Location:
    USA
    Firm:
    McDermott Will & Emery
    GM and Chrysler submit restructuring plans and request additional government assistance
    2009-02-18

    As required by the terms of the emergency assistance provided by Treasury last December, General Motors Corp.

    Filed under:
    USA, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Debtor, Accounts receivable, EBITDA, US Federal Government, US Department of Energy, United Automobile Workers, General Motors, European Investment Bank, Chrysler
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Recent significant commercial bankruptcy filings
    2009-02-17

    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.  

    AUTOMOTIVE

    Auto parts maker Contech U.S., LLC, subsidiaries file for Chapter 11 protection in Michigan.  

    Fluid Routing Solutions, Inc., subsidiaries file Chapter 11 in Delaware.  

    GROCERY STORES

    Filed under:
    USA, Insolvency & Restructuring, Masuda Funai Eifert & Mitchell Ltd, Bankruptcy, Debtor, Subsidiary, Title 11 of the US Code
    Location:
    USA
    Firm:
    Masuda Funai Eifert & Mitchell Ltd

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