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    Federal district courts may issue anti-litigation orders in SEC receivership matters
    2010-06-21

    On June 15th, the Second Circuit held that district courts may issue anti-litigation injunctions barring bankruptcy filings as part of their broad equitable powers in the context of an SEC receivership. SEC v. Byers. Reuters reported on the involuntary bankruptcy petitions filed by creditors which prompted the district court's anti-litigation order.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, Injunction, US Securities and Exchange Commission, Second Circuit
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Electronic filings and actual notice
    2010-02-01

    On January 28th, the Ninth Circuit addressed the issue of whether a Chapter 7 bankruptcy trustee had actual notice of an unrecorded refinanced mortgage when the bankruptcy petition was electronically filed simultaneously with schedules listing the mortgage as a secured debt. The Court held that the trustee lacked actual notice. The Court found that the filing of the petition was a separate event from the filing of the schedules. The trustee was therefore a bona fide purchaser for value without notice and under state bona fide purchaser law, the trustee could avoid the unrecorded mortgage.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Debt, Mortgage loan, Deed, Good faith, Refinancing, Conveyancing, Secured loan, Ninth Circuit, Trustee
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Employee Considerations in Corporate Restructurings
    2020-06-10

    The impact of COVID-19 is yet to be fully realized, and many companies are yet to consider restructuring as a means to survive the pandemic, but all companies and all creditors can benefit now from learning how employee matters are treated in a bankruptcy proceeding under chapter 11 of the U.S. Bankruptcy Code (as amended, the Bankruptcy Code). This blog provides a high-level overview of some of the most material matters affecting an employee workforce in the context of a chapter 11 restructuring.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Winston & Strawn LLP, Employee Retirement Income Security Act 1974 (USA), Private equity, Collective bargaining, Coronavirus, Title 11 of the US Code
    Authors:
    Carrie V. Hardman
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    FTC warns ConnectEdu court: bankruptcy terms may violate FTC Act and Bankruptcy Code
    2014-06-04

    The staff of the Federal Trade Commission’s Bureau of Consumer Protection recently sent a letter to the court handling ConnectEdu’s bankruptcy proceedings and sale of assets, which may include their customer’s personal information.

    Filed under:
    USA, Insolvency & Restructuring, IT & Data Protection, Litigation, Winston & Strawn LLP, Bankruptcy, Information privacy, Consumer protection, Federal Trade Commission (USA)
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Acting FDIC chairman outlines SIFI resolution
    2012-05-14

    On May 10th, FDIC Acting Chairman Martin J. Gruenberg discussed the FDIC's authority to resolve failing systemically important financial institutions ("SIFIs"). Gruenberg outlined how the FDIC would implement its resolution authority, noting that it would place the institution in receivership, creating a bridge holding company for the SIFI's assets and investments. Shareholders and subordinated and unsecured creditors would be left in receivership, although some of the SIFI's debt would be converted into equity.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Winston & Strawn LLP, Federal Deposit Insurance Corporation (USA)
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    FDIC launches Investor Match Program
    2011-09-12

    On September 7th, the FDIC announced the launch of a new program to encourage small investors and asset managers to partner with larger investors to participate in the FDIC's structured transaction sales for loans and other assets from failed banks. The Investor Match Program will help to facilitate partnerships in order to bring together sources of capital and expertise. Participants in the program will use a customized database to identify potential collaborations, which will be identified at the sole discretion of the participating firms.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Winston & Strawn LLP, Asset management, Federal Deposit Insurance Corporation (USA)
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Measuring damages in a commercially reasonable way under the Bankruptcy Code
    2011-02-21

    On February 16th, the Third Circuit addressed an issue of first impression and held that the discounted cash flow method was the proper measure of damages under Bankruptcy Code Section 562 when a market price cannot be determined. The parties had entered into a $1.2 billion repurchase agreement for a portfolio of home mortgages. On the day the debtor defaulted, the distressed state of the credit markets made it commercially unreasonable for the purchaser to sell the portfolio and the market price would not reflect the asset's worth.

    Filed under:
    USA, Insolvency & Restructuring, Winston & Strawn LLP, Bond market, Debtor, Mortgage loan, Default (finance), Discounted cash flow, Third Circuit
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Supreme Court addresses "disposable income" under the BAPCPA
    2010-06-14

    On June 7th, the US Supreme Court addressed the calculation of a Chapter 13 debtor's projected "disposable income" under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. When a bankruptcy court calculates a debtor's projected disposable income, the court may account for changes in the debtor's income or expenses that are known or virtually certain at the time of confirmation. Hamilton v. Lanning.  

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, Consumer protection, SCOTUS, United States bankruptcy court
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    FDIC opens temporary Midwest satellite office
    2010-01-25

    On January 19th, the FDIC announced that it will open a temporary satellite office in suburban Chicago to manage receiverships and to liquidate assets from failed financial institutions primarily located in Midwestern states. FDIC Press Release.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Winston & Strawn LLP, Liquidation, Federal Deposit Insurance Corporation (USA)
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Key Considerations for Midstream Companies Facing Distressed Producers
    2020-04-30

    Recent weeks have witnessed seismic shifts in the oil and gas industry because of crashing oil prices, demand destruction associated with the COVID-19 pandemic, and crude oil storage reaching record capacity levels. Upstream producers are especially vulnerable to these market pressures and have begun shutting in wells, asserting force majeure, and cutting costs. As counterparties to distressed producers, midstream players face new challenges in navigating contractual relationships and mitigating risk.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Winston & Strawn LLP, Force majeure, Coronavirus
    Authors:
    Isaac E. Griesbaum
    Location:
    USA
    Firm:
    Winston & Strawn LLP

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