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    Lehman Brothers examiner publishes report
    2010-03-12

    Yesterday, the ninevolumeReport of Anton R.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bankruptcy, Audit, Accounting, Depository institution, Balance sheet, Business judgement rule, Leverage (finance), US Congress, Federal Reserve (USA), Lehman Brothers, United States bankruptcy court
    Authors:
    Dwight Smith
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Lehman Brothers seeks approval of claims resolution procedures
    2010-03-17

    On March 15, 2010 Lehman Brothers Holdings, Inc. and its affiliated debtors (the “Debtors”) filed a motion (the “Motion”) with the Bankruptcy Court overseeing the Debtors’ Chapter 11 cases (the “Court”) seeking authorization to establish certain claims and alternative dispute resolution procedures designed to expedite the process of reconciling claims filed against the Debtors’ estates.

    The procedures, set forth in detail in an exhibit to the proposed order filed with the Motion, are summarized as follows:

    Filed under:
    USA, Insolvency & Restructuring, Schulte Roth & Zabel LLP, Bankruptcy, Injunction, Mediation, Liquidation, Lehman Brothers, United States bankruptcy court
    Authors:
    Michael L. Cook , Lawrence V. Gelber , Adam C. Harris , David M. Hillman , Brian D. Pfeiffer
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Bank of Upson assumes deposits of Century Security Bank
    2010-03-20

    On Friday, the Georgia Department of Banking and Finance closed Century Security Bank, headquartered in Duluth, Georgia, and theFDIC was named receiver.

    Filed under:
    USA, Georgia, Banking, Insolvency & Restructuring, Alston & Bird LLP, Federal Deposit Insurance Corporation (USA)
    Authors:
    Lawanna Kimbro
    Location:
    USA
    Firm:
    Alston & Bird LLP
    FDIC approves payout of insured deposits of Advanta Bank Corp
    2010-03-20

    On Friday, the Utah Department of Financial Institutions closed Advanta Bank Corp., headquartered in Draper, Utah, and the FDIC was named receiver.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Federal Deposit Insurance Corporation (USA)
    Authors:
    Lawanna Kimbro
    Location:
    USA
    Firm:
    Alston & Bird LLP
    The National Bank and Trust Company assumes all of the deposits of American National Bank
    2010-03-20

    On Friday, the Office of the Comptroller of the Currency closed American National Bank, headquartered in Parma, Ohio, and the FDIC was named receiver.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Share (finance), Office of the Comptroller of the Currency (USA), Federal Deposit Insurance Corporation (USA)
    Authors:
    Darren Cooper
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Citizens South Bank assumes deposits of Bank of Hiawassee
    2010-03-20

    On Friday, the Georgia Department of Banking and Finance closed Bank of Hiawassee, headquartered in Hiawassee, Georgia, and the FDIC was named receiver.  As receiver, the FDIC entered into a purchase and assumption agreement wi

    Filed under:
    USA, Georgia, Banking, Insolvency & Restructuring, Alston & Bird LLP, Federal Deposit Insurance Corporation (USA)
    Authors:
    Lawanna Kimbro
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Northern State Bank assumes deposits of State Bank of Aurora
    2010-03-20

    On Friday, the Minnesota Department of Commerce closed State Bank of Aurora, headquartered in Aurora, Minnesota, and the FDIC was named receiver. As receiver, the FDICentered into a purchase and assumption agreement with Northern State Bank, headquartered in Ashland, Wisconsin, to assume all of the deposits of State Bank of Aurora.

    Filed under:
    USA, Minnesota, Banking, Insolvency & Restructuring, Alston & Bird LLP, Share (finance), US Department of Commerce, Federal Deposit Insurance Corporation (USA)
    Authors:
    Lawanna Kimbro
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Community & Southern Bank assumes deposits of Appalachian Community Bank
    2010-03-20

    On Friday, the Georgia Department of Banking and Finance closed  Appalachian Community Bank, headquartered in Ellijay, Georgia, and the FDIC was named receiver.

    Filed under:
    USA, Georgia, Banking, Insolvency & Restructuring, Alston & Bird LLP, Share (finance), Federal Deposit Insurance Corporation (USA)
    Authors:
    Lawanna Kimbro
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Quality Stores: the taxpayer wins again on tax refund for severance pay
    2010-03-18

    2006 FICA Refund Claims Due April 15, 2010

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Tax, Greenberg Traurig LLP, Wage, Bankruptcy, Debtor, Statute of limitations, Unemployment benefits, Federal Insurance Contributions Act tax, Severance package, Internal Revenue Service (USA), United States bankruptcy court, Federal Circuit, US Court of Federal Claims
    Authors:
    Timothy Jessell
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    Seller beware: new case counsels caution to those dealing with debtors in bankruptcy cases
    2010-03-18

    The Eleventh Circuit Court of Appeals has just issued an opinion that should concern anyone doing business with a debtor in bankruptcy. In short, the court ruled that a company that supplied $1.9 million worth of goods to a debtor after the petition date had to return the debtor's payment. The reason? The debtor did not have permission from the court or its secured creditor to use the money. The payments were for value given post-petition and were apparently made in accordance with the pre-petition practice between the parties.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Dykema Gossett PLLC, Bankruptcy, Debtor, Collateral (finance), Accounts receivable, Interest, Secured creditor, Eleventh Circuit
    Authors:
    Richard M. Bendix, Jr. , Robert D. Nachman , Ronald L. Rose , Stephen C. Stapleton , Sheryl L. Toby
    Location:
    USA
    Firm:
    Dykema Gossett PLLC

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