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    Judgments against Ponzi scheme net gainers are dischargeable in bankruptcy
    2012-08-27

    On August 20th, the U.S. Court of Appeals for the Tenth Circuit reversed a trial court's ruling finding that judgments against Ponzi scheme "net gainers" were non-dischargeable in bankruptcy. The debtors were early investors in what turned out to be a Ponzi scheme and received more money than they invested. When the Ponzi scheme was uncovered, the state State of Oklahoma sued the debtors for unjust enrichment but not for any securities violations. After the State obtained a judgment on the unjust enrichment claim, the debtors declared bankruptcy.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, Tenth Circuit
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Culpability required for securities fraud exception to debt discharge in bankruptcy
    2011-09-28

    On September 19th, the Ninth Circuit considered whether the exception to Chapter 7 bankruptcy discharge for debts resulting from a violation of state or federal securities laws applies when the debtor himself is not culpable for the securities violation that caused the debt. The case involved an attorney who was required by court order to return the unearned retainer paid by a company that engaged in securities fraud. The attorney filed a petition for Chapter 7 bankruptcy before he was technically required to return the money.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, Debtor, Security (finance), Debt, Securities fraud, Bankruptcy discharge, Ninth Circuit
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Bankruptcy court sanctions home foreclosure processing servicer
    2011-04-18

    On April 7th, a federal bankruptcy court sanctioned Lender Processing Services, Inc., a home foreclosure service provider against whom the Federal Reserve Board and OCC have initiated enforcement action. The opinion explains LPS's business model and that model's failings, and cites case law documenting LPS's historic shortcomings. It reminds litigants that proving a default is the lender's, not counsel's, responsibility. In re Ron Wilson, Sr.  

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, Foreclosure, Federal Reserve Board, United States bankruptcy court
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    OCC approves use of shelf charter
    2010-07-26

    On July 16th, the OCC announced that it has approved the use of a shelf charter for the acquisition of a failed bank, allowing NAFH National Bank, Miami, Florida, to acquire two banks in Florida and one in South Carolina. This is the second instance in which a shelf charter was approved for use in such an acquisition. OCC Press Release.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Winston & Strawn LLP
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Purchase money security interests include negative equity for bankruptcy cramdown purposes
    2010-03-08

    On March 1st, the Seventh Circuit held that negative equity is included in a creditor's purchase money security interest and is not subject to a bankruptcy court's cramdown authority under Chapter 13 of the Bankruptcy Code. In re Aubrey Howard.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, Title 11 of the US Code, Seventh Circuit
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Language Matters: Third Circuit Finds Make-Whole Provision Enforceable After Bankruptcy Filing
    2017-01-19

    On November 17, 2016, the US Court of Appeals for the Third Circuit in Delaware Trust Co. v. Energy Future Intermediate Holding Co. LLC, No. 16-1351 (3d Cir. Nov. 17, 2016) clarified the often-muddy interplay between indenture acceleration provisions and "make-whole" redemption provisions, holding that Energy Future Intermediate Holding Co. LLC and EFIH Finance Inc. (collectively, "EFIH") were unable to avoid paying lenders approximately $800 million in expected interest by voluntarily filing for bankruptcy.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Third Circuit
    Authors:
    Craig A. Barbarosh , Karen B. Dine , Jerry L. Hall , Margaret J. McQuade
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Deeds in lieu: merger doctrine does not apply where grantee is senior lienholder
    2015-01-30

    Introduction

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, Real Estate, Katten Muchin Rosenman LLP, Debtor, Foreclosure, Deed, Default (finance)
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    California’s AB 506 process: what creditors can expect in the wake of California municipal bankruptcies
    2012-09-18

    California’s AB 506 process was intended to help a municipality in restructuring its debt obligations and avoid bankruptcy. However, the lessons of the bankruptcies of the City of Stockton, the Town of Mammoth Lakes and the City of San Bernardino support the reality that a meaningful restructure requires material involvement by the major stakeholders. California’s recent wave of municipal bankruptcies tend to show that the AB 506 process has not changed this reality, but rather made a difficult process longer and more arduous.

    Filed under:
    USA, California, Insolvency & Restructuring, Public, Katten Muchin Rosenman LLP, Lobbying, Bankruptcy, Debtor, Debt, Title 11 of the US Code
    Authors:
    Craig A. Barbarosh , Karen B. Dine
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Creditors of insolvent limited liability companies cannot sue derivatively
    2011-09-09

    The Supreme Court of Delaware recently held that creditors of insolvent Delaware limited liability companies (LLCs) lack standing to bring derivative suits on behalf of the LLCs.

    In March 2010, CML V brought both derivative and direct claims against the present and former managers of JetDirect Aviation Holdings LLC in the Court of Chancery after JetDirect defaulted on its loan obligations to CML. The Vice Chancellor dismissed all the claims, finding that, as a creditor, CML lacked standing to bring derivative claims on behalf of JetDirect, and CML appealed.

    Filed under:
    USA, Delaware, Company & Commercial, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Statute of limitations, Limited liability company, Standing (law), Constitutionality, Default (finance), SCOTUS, Court of Chancery, Delaware Supreme Court
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    CFTC creates separate bankruptcy account class for cleared otc derivatives
    2010-04-02

    The Commodity Futures Trading Commission has amended its bankruptcy rules (17 C.F.R. Part 190) to create a new “account class” for cleared over-the-counter (OTC) derivatives for purposes of calculating customer “net equity” and “allowed net equity” in the event of the bankruptcy of a futures commission merchant.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Katten Muchin Rosenman LLP, Bankruptcy, Clearing (finance), Collateral (finance), Commodity broker, Commodity Exchange Act 1936 (USA), US Securities and Exchange Commission, Commodity Futures Trading Commission (USA)
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP

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