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    The Second Circuit interprets the Bankruptcy Code’s safe harbor provisions more broadly than the Bankruptcy Court
    2011-07-27

    The Second Circuit Court of Appeals has now weighed in on the Bankruptcy Code’s safe harbor provisions. In Enron Creditors Recovery Corp. v. Alfa, S.A.B. de C.V., Docket Nos. 09–5122, 09–5142, 2011 WL 2536101 (2d Cir. June 28, 2011), the Second Circuit Court of Appeals faced an issue of first impression—whether Section 546(e) of the Bankruptcy Code, which shields certain payments from avoidance actions in bankruptcy, extends to an issuer’s payment to redeem its commercial paper made before maturity.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bankruptcy, Unsecured debt, Security (finance), Fraud, Safe harbor (law), Discovery, Debt, Maturity (finance), Broker-dealer, Market value, Accrued interest, Commercial paper, Enron, Second Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Fannie Mae and Freddie Mac react to apparent defects in foreclosure procedures
    2010-10-02

    Yesterday, following announcements from Ally Financial and JP Morgan Chase of temporary suspensions of foreclosure efforts in certain states, Fannie Mae issued a statement yes

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Mortgage loan, Foreclosure, Capital punishment, JPMorgan Chase, Bank of America, Ally Financial, Federal Housing Finance Agency
    Authors:
    David E Brown
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Heritage Bank assumes all of the deposits of The Cowlitz Bank
    2010-08-02

    On Friday, the Washington Department of Financial Institutions closed The Cowlitz Bank, headquartered in Longview, Washington and appointed the FDIC as receiver.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Share (finance), Federal Deposit Insurance Corporation (USA)
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Centerstate Bank of Florida, National Association assumes all of the deposits of Olde Cypress Community Bank
    2010-07-19

    On Friday, the Office of Thrift Supervision closed Olde Cypress Community Bank, headquartered in Clewiston, Florida, and appointed the FDIC as receiver for the bank.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Share (finance), Subsidiary, Federal Deposit Insurance Corporation (USA), Office of Thrift Supervision
    Authors:
    Anjali Desai
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Coulee Bank assumes all of the deposits of Pinehurst Bank
    2010-05-23

    On Friday, the Minnesota Department of Commerce closed Pinehurst Bank, headquartered in Saint Paul, Minnesota. As receiver, the FDIC entered into a purchase agreement with Coulee Bank, headquartered in LaCrosse, Wisconsin, to assume all of the deposits of Pinehurst Bank.

    Filed under:
    USA, Minnesota, Banking, Insolvency & Restructuring, Alston & Bird LLP, US Department of Commerce, Federal Deposit Insurance Corporation (USA)
    Authors:
    Andrew Jones
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Union Bank assumes all of the deposits of Frontier Bank
    2010-05-01

    Yesterday, the Washington Department of Financial Institutions closed Frontier Bank, headquartered in Everett, Washington, and appointed the FDIC receiver.

    Filed under:
    USA, Washington, Banking, Insolvency & Restructuring, Alston & Bird LLP, Subsidiary, Federal Deposit Insurance Corporation (USA)
    Authors:
    Melinda C. Calisti
    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, Federal Deposit Insurance Corporation (USA)
    Authors:
    Darren Cooper
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Mutual of Omaha Bank assumes all of the deposits of Marco Community Bank
    2010-02-20

    On Friday, the Florida Office of Financial Regulation closed Marco Community Bank, headquartered in Marco Island, Florida, and the FDIC was named receiver. As receiver, the FDIC entered into a purchase and assumption agreement with Mutual of Omaha Bank., headquartered in Omaha, Nebraska, to assume all of the deposits of Marco Community Bank.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Federal Deposit Insurance Corporation (USA)
    Authors:
    Lawanna Kimbro
    Location:
    USA
    Firm:
    Alston & Bird LLP
    The Independent BankersBank purchases the deposits and certain assets of Independent Bankers’ Bank Bridge Bank
    2010-01-14

    Yesterday, the FDIC announced that it had entered into a purchase and assumption agreement to assume the assets and deposits of the recently created Independent Bankers’ Bank Bridge Bank (IBBBB). IBBBB was created by the FDIC on December 18, 2009, to take over the operations of The Independent Bankers’ Bank, headquartered in Springfield, Illinois.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Federal Deposit Insurance Corporation (USA)
    Authors:
    Lawanna Kimbro
    Location:
    USA
    Firm:
    Alston & Bird LLP
    SIGTARP releases report on AIG rescue and payments to AIG counterparties
    2009-11-17

    On Monday, the Office of the Special Inspector General for the Troubled Asset Relief Program (SIGTARP) released a report entitled “Factors Affecting Efforts to Limit Payments to AIG Counterparties.” The report examines certain transactions related to the rescue of AIG, including the creation of Maiden Lane III, a limited liability company formed last year to facilitate the purchase of assets from counterparties of AIG Financia

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Alston & Bird LLP, Market liquidity, Limited liability company, Swap (finance), Market value, Collateralized debt obligation, Credit default swap, Troubled Asset Relief Program, US Congress, American International Group, Federal Reserve System, Bank of New York Mellon, Inspector general
    Authors:
    Ian Grant
    Location:
    USA
    Firm:
    Alston & Bird LLP

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