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    Community Development Bank, FSB assumes all of the deposits of 1st American State Bank of Minnesota
    2010-02-06

    On Friday, the Minnesota Department of Commerce closed 1st American State Bank of Minnesota, headquartered in Hancock, Minnesota, and the FDIC was named receiver.

    Filed under:
    USA, Minnesota, Banking, Insolvency & Restructuring, Alston & Bird LLP, Share (finance), US Department of Commerce, Federal Deposit Insurance Corporation (USA), Federal Security Service
    Authors:
    Lawanna Kimbro
    Location:
    USA
    Firm:
    Alston & Bird LLP
    FDIC creates bridge bank to take over operations of Independent Bankers’ Bank
    2009-12-21

    On Friday, the Illinois Department of Financial and Professional Regulation – Division of Banking closed Independent Bankers’ Bank, headquartered in Springfield, Illinois, and theFDIC was named as receiver. As receiver, the FDIC created Independent Bankers’ Bank Bridge Bank, National Association to take over the operations of the failed bank.

    Filed under:
    USA, Illinois, Banking, Insolvency & Restructuring, Alston & Bird LLP, Federal Deposit Insurance Corporation (USA)
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Federal Reserve Governor Tarullo considers regulation of large institutions
    2009-11-11

    Yesterday, Daniel K. Tarullo, a governor of the Federal Reserve System, continued his vigorous speaking schedule with a speech at the Institute of International Bankers Conference on Cross-Border Insolvency Issues in New York.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Shareholder, Advance healthcare directive, Federal Reserve System, US House Committee on Financial Services
    Authors:
    Andrea L. Parisi
    Location:
    USA
    Firm:
    Alston & Bird LLP
    GAO issues report on restructuring of Fannie Mae and Freddie Mac
    2009-09-14

    Today, the Government Accountability Office (GAO) released a report entitled, “Fannie Mae and Freddie Mac: Analysis of Options for Revising the Housing Enterprises’ Long-term Structures.” Last September, the Federal Housing Finance Agency placed the GSEs into conservatorship fearing that their deterioration would harm U.S. financial stability.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Real Estate, Alston & Bird LLP, Mortgage loan, Portfolio (finance), Sponsor (commercial), Mortgage-backed security, US Federal Government, Federal Housing Finance Agency
    Location:
    USA
    Firm:
    Alston & Bird LLP
    FDIC announces next steps in development of Legacy Loan Program through the offer of portfolio of residential mortgage loans receivership assets
    2009-07-31

    Today, the FDIC announced the next steps in further developing the government's Legacy Loan Program (LLP), by testing the LLP program's funding mechanism through the sale of a portfolio of residential mortgage loan receivership assets to a limited liability company (LLC) in exchange for an ownership interest in the LLC.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Interest, Limited liability company, Option (finance), Limited liability partnership, Debt, Mortgage loan, Balance sheet, Portfolio (finance), Cashflow, Leverage (finance), Federal Deposit Insurance Corporation (USA)
    Authors:
    Darren Cooper
    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
    Republic bank acquires deposits of National Bank of Commerce
    2009-01-16

    Today, the OCC closed the National Bank of Commerce, Berkley, Illinois and the FDIC was named as receiver. Republic Bank of Chicago, headquartered in Chicago, Illinois, entered into a purchase and assumption agreement with the FDIC to assume all the deposits of National Bank of Commerce.

    Filed under:
    USA, Banking, Corporate Finance/M&A, Insolvency & Restructuring, Alston & Bird LLP, Federal Deposit Insurance Corporation (USA)
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Seven factors and good faith: the Eleventh Circuit clarifies bankruptcy courts’ authority
    2015-03-20

    The Eleventh Circuit’s recent opinion in SE Property Holdings, LLC v. Seaside Engineering & Surveying, Inc. (In reSeaside Engineering & Surveying, Inc.), No. 14-11590 (11th Cir. March 12, 2015), clarifies the circuit’s stance on the authority of bankruptcy courts to issue nonconsensual, non-debtor releases or bar orders and the circumstances under which such bar orders might be appropriate. In addition, the court gave a broad reading of what it means for a plan to have been proposed in good faith.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Good faith, United States bankruptcy court, Eleventh Circuit
    Location:
    USA
    Firm:
    Alston & Bird LLP
    In re Velo Holdings, Inc.
    2013-12-17

    The Bankruptcy Court for the Southern District of New York recently held that a state’s post-confirmation investigation of a debtor’s post-confirmation conduct does not violate a plan confirmation order that enjoins actions against the debtor.  In re Velo Holdings, Inc. et al., 500 B.R. 693 (Bankr. S.D.N.Y. 2013).

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Injunction, Subpoena, Competition and Consumer Act 2010 (Australia), United States bankruptcy court
    Authors:
    Kevin M. Hembree
    Location:
    USA
    Firm:
    Alston & Bird LLP
    In re Big M, Inc.
    2013-05-02

    In re Big M, Inc., No. 13-10233 (DHS), 2013 WL 1681489 (Bankr. D.N.J. April 17, 2013). In Big M, the Bankruptcy Court for the District of New Jersey (the “Bankruptcy Court”) held that the debtor’s privilege did not pass to the creditors’ committee, even though the creditors’ committee obtained authority to investigate certain of the debtor’s causes of action, because the committee was acting as a fiduciary to creditors as opposed to the debtor’s estate.

    Filed under:
    USA, New Jersey, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Debtor, Fiduciary
    Authors:
    Heather Byrd Asher
    Location:
    USA
    Firm:
    Alston & Bird LLP

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