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    Recent significant commercial bankruptcy filings
    2009-05-12

    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

    Mark IV Industries, affiliates file Chapter 11; reach “agreement in principle” with lenders.  

    GAMING  

    Filed under:
    USA, Insolvency & Restructuring, Masuda Funai Eifert & Mitchell Ltd, Bankruptcy, Retail, Debtor, Unsecured debt, Option (finance), Subsidiary, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Masuda Funai Eifert & Mitchell Ltd
    AIG posts $4.35 billion first quarter loss
    2009-05-11

    On Thursday, AIG announced a $4.35 billion loss for the first quarter of 2009, as compared to a net loss of $7.81 billion in the first quarter of 2008 and a net loss of $61.7 billion in the fourth quarter of 2008.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Alston & Bird LLP, Libor, Market liquidity, Retirement, Life insurance, Line of credit, Preferred stock, Form 10-Q, US Securities and Exchange Commission, US Department of the Treasury, American International Group, Bank of New York Mellon
    Authors:
    Ian Grant
    Location:
    USA
    Firm:
    Alston & Bird LLP
    General Growth Properties bankruptcy court defers final ruling on cash collateral, cash management and DIP financing issues
    2009-05-11

    Following several weeks of speculation about how pending cash collateral, cash management, and debtor-in-possession financing motions might affect basic principles of structured finance, the bankruptcy court deferred a final ruling on the motions and extended the interim cash collateral order. In so doing, Judge Allan L. Gropper of the United States Bankruptcy Court for the Southern District of New York suggested that CMBS lenders organize themselves so that common issues can be identified and resolution expedited.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Legal personality, Debtor, Collateral (finance), Fiduciary, Interest, Debt, Limited partnership, Bad faith, Default (finance), Subsidiary, Commercial mortgage-backed security, United States bankruptcy court
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Vigilance with regard to continuation statement filings
    2009-05-08

    A recent court decision, Thermal Supply, Inc. v. Big Sky Beef,LLC, 195 P.3d 1227 (Mont. 2008) underscores the importance of filing Uniform Commercial Code (“UCC”) continuation statements to prevent the lapse of financing statements even during bankruptcy or litigation.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Sidley Austin LLP, Bankruptcy, Limited liability company, Uniform Commercial Code (USA)
    Location:
    USA
    Firm:
    Sidley Austin LLP
    Bankruptcy court enters order on Chrysler bidding procedures
    2009-05-08

    In an order dated May 7, 2009, Judge Arthur Gonzales approved Chrysler’s proposed bidding procedures for the sale of substantially all of the Company’s assets to a newly formed entity that would continue business under Chrysler’s name.

    Filed under:
    USA, Corporate Finance/M&A, Insolvency & Restructuring, Alston & Bird LLP, Confidentiality, Bankruptcy, Good faith, Due diligence, Non-disclosure agreement, Troubled Asset Relief Program, United Automobile Workers, Ally Financial, Chrysler
    Authors:
    Zachary Chapman
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Chrysler Chapter 11 proceedings update
    2009-05-08

    As widely reported, on April 30, 2009, (the Petition Date), Chrysler LLC and its 24 domestic and indirect subsidiaries (the Debtors) filed voluntary petitions under Chapter 11 of the Bankruptcy Code in the United States Bankruptcy Court for the Southern District of New York (the Court).

    Filed under:
    USA, Insolvency & Restructuring, Faegre Drinker Biddle & Reath LLP, Interim order, Limited liability company, Line of credit, US Department of the Treasury, Chrysler, United States bankruptcy court
    Location:
    USA
    Firm:
    Faegre Drinker Biddle & Reath LLP
    Chrysler's treatment of essential suppliers and pending sale
    2009-05-07

    We sent to you earlier this week an Alert on "Chrysler Bankruptcy Filing and Preliminary Impact on Suppliers." As we promised, below is an update based upon our review of the case and observations at the hearings.

    Essential Supplier Motion

    The Court approved treatment of essential suppliers on a temporary basis. Here is a summary of the Interim Order:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, BakerHostetler, Contractual term, Confidentiality, Bankruptcy, Credit (finance), Supply chain, Chrysler
    Authors:
    Donald A. Workman , Eric R. Goodman , Joe Hutchinson
    Location:
    USA
    Firm:
    BakerHostetler
    Protecting yourself from automotive industry reorganization efforts
    2009-05-06

    The Chapter 11 bankruptcy filing by Chrysler, LLC and its affiliates, as well as General Motors' struggle to reach an out-of-court reorganization with its creditors, is likely to create a ripple effect that could cause all tiers of the automotive supply chain as well as businesses connected to the supply chain to stretch payables or seek their own bankruptcy protection.

    Filed under:
    USA, Insolvency & Restructuring, Porter Wright Morris & Arthur LLP, Bankruptcy, Limited liability company, Supply chain, General Motors, Chrysler
    Location:
    USA
    Firm:
    Porter Wright Morris & Arthur LLP
    SEC files fraud lawsuit against Reserve Primary Fund’s founders
    2009-05-06

    The Securities and Exchange Commission announced yesterday that it has filed civil fraud charges against several entities and individuals who operate the Reserve Primary Fund, including its founder Bruce Bent and his son Bruce Bent II, “for failing to provide key material facts to investors and trustees about the fund’s vulnerability after as

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Fraud, Entrepreneurship, Mutual fund, Pro rata, US Securities and Exchange Commission, Lehman Brothers, Trustee
    Authors:
    Christy Prendergast
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Chrysler bankruptcy judge approves GMAC as preferred lender for dealers
    2009-05-13

    Yesterday, U.S. Bankruptcy Judge Arthur Gonzalez approved a motion by Chrysler LLC requesting that GMAC LLC become the preferred lender for its dealer network, and be permitted to provide wholesale, retail and other product-related financing for Chrysler dealers and customers to purchase vehicles.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bankruptcy, Retail, Collateral (finance), Limited liability company, Consent, Preferred stock, Ally Financial, Chrysler
    Authors:
    Anjali Desai
    Location:
    USA
    Firm:
    Alston & Bird LLP

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