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    House subcommittee holds hearing on bank failures
    2010-01-22

    Yesterday, the Subcommittee on Financial Institutions and Consumer Credit of the House Committee on Financial Services held a hearing entitled “The Condition of Financial Institutions: Examining the Failure and Seizure of an American Bank.” Participants in the hearing examined the current state of U.S.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Credit (finance), Security (finance), Bank holding company, Community bank, Subsidiary, Preferred stock, Office of the Comptroller of the Currency, Federal Deposit Insurance Corporation (USA), US Department of the Treasury, US House of Representatives, US House Committee on Financial Services, Chief executive officer
    Authors:
    Sarah McElroy
    Location:
    USA
    Firm:
    Alston & Bird LLP
    House Committee on the Judiciary holds second hearing on the role for bankruptcy and antitrust law in financial regulatory reform
    2009-11-18

    Yesterday afternoon, the House Judiciary Committee held Part II of its series of hearings entitled “Too Big to Fail – the Role for Bankruptcy and Antitrust Law in Financial Regulation Reform.” Yesterday’s hearing focused on proposed financia

    Filed under:
    USA, Banking, Competition & Antitrust, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Shareholder, Credit (finance), Financial regulation, Bailout, Promulgation, Empowerment, Federal Deposit Insurance Act 1950 (USA), American International Group, US House Committee on the Judiciary, Bear Stearns
    Authors:
    Tara Castillo
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Citizens Business Bank assumes deposits of San Joaquin Bank
    2009-10-17

    Yesterday, the California Department of Financial Institutions closed San Joaquin Bank, headquartered in Bakersfield, California, and the FDIC was named as receiver.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Share (finance), Federal Deposit Insurance Corporation (USA)
    Location:
    USA
    Firm:
    Alston & Bird LLP
    BBVA compass assumes deposits of Guaranty Bank
    2009-08-21

    Today, Guaranty Bank, headquartered in Austin, Texas, was closed by theOTS and the FDIC was named as receiver.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Share (finance), Investment funds, Federal Deposit Insurance Corporation (USA)
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Bankruptcy court approves sale of Chrysler assets to Fiat S.P.A.
    2009-06-01

    Late Sunday night, U.S. Bankruptcy Judge Arthur Gonzalez approved the sale of most of Chrysler's assets to Italian Automaker Fiat S.p.A., as contemplated in the Master Transaction Agreement between the two companies.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bankruptcy, Employee stock ownership plan, Retirement, Secured loan, US Constitution, Emergency Economic Stabilization Act 2008 (USA), United Automobile Workers, Chrysler, United States bankruptcy court
    Authors:
    Zachary Chapman
    Location:
    USA
    Firm:
    Alston & Bird 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, United States bankruptcy court, US Secretary of the Treasury
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Proposed QFC recordkeeping requirements
    2008-09-12

    On July 28, 2008, the FDIC published a Notice of Proposed Rulemaking in the Federal Register seeking to establish recordkeeping requirements for qualified financial contracts (“QFCs”) held by banks in “troubled” condition. The purpose of the Proposed Rule is to enable the FDIC, upon receivership, to make expeditious and well-informed decisions with respect to the management of a failed bank’s QFC portfolio.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Data, Federal Register, Portfolio (finance), Federal Deposit Insurance Corporation (USA)
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Delaware bankruptcy court allows debtor to sidestep “make-whole” payment
    2015-07-21

    Bankruptcy Judge Christopher S. Sontchi recently ruled in the Energy Future Holdings case1 that the debtor will not be required to pay the $431 million “make whole” demanded by bondholders upon the debtor’s early payment of the bonds.2

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Debtor, United States bankruptcy court
    Location:
    USA
    Firm:
    Alston & Bird LLP
    In re Lehman Brothers Inc. and subordination of creditors' claims
    2014-02-04

    In In reLehman Brothers Inc., two creditors recently made an unsuccessful attempt to infuse Section 510(b) of the Bankruptcy Code with ambiguity and avoid the subordination of their claims.  In re Lehman Brothers, Inc., 2014 WL 288571 (Bankr. S.D.N.Y.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Debtor, Underwriting, Lehman Brothers
    Location:
    USA
    Firm:
    Alston & Bird LLP
    The court in ResCap denies in part and grants in part secured lenders’ motion to dismiss committee complaint challenging secured status
    2013-08-28

    In an adversary proceeding arising out of the Chapter 11 case of Residential Capital, LLC (“ResCap”), the bankruptcy court denied in part and granted in part a secured lenders’ motion to dismiss certain claims in the case. Official Comm. Of Unsecured Creds. V. UMB Bank, N.A. (In re Residential Capital, LLC), Adv. P. No. 13-01277, -- B.R. --, 2013 WL 4069512 (Bankr. S.D.N.Y. Aug. 13, 2013). At issue was certain collateral, which was part of the secured lenders’ collateral, that the lenders released to enable ResCap to pledge it to different third parties.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Collateral (finance), Secured loan, US District Court for SDNY
    Location:
    USA
    Firm:
    Alston & Bird LLP

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