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    FDIC announces winning bidder of $490 million in loans
    2010-04-05

    On April 1st, the FDIC closed on a sale of an equity interest in a limited liability company (LLC) created to hold certain assets transferred from 19 failed bank receiverships. The purchaser of the interest in the Multibank Structured Transaction Single Family Residential 2010-1 is Roundpoint Mortgage Servicing Corporation. The sale was conducted through a competitive auction held on February 24, 2010. Nine different qualified groups submitted bids to purchase either a 50% leveraged ownership interest or a 20% unleveraged ownership interest in the newly formed LLC.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Winston & Strawn LLP, Interest, Limited liability company, Mortgage loan, Leverage (finance), Federal Deposit Insurance Corporation (USA)
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Xerium Technologies files bankruptcy, hoping to cut its debt by $160 million
    2010-04-05

    Equipment maker, Xerium Technologies, filed chapter 11 petitions for bankruptcy on March 30th in the United States Bankruptcy Court for the District of Delaware.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Share (finance), Bankruptcy, Shareholder, Debt, Pro rata, Chief executive officer, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Good as gold: obtaining and retaining perfected security interests in borrower bank accounts
    2010-04-14

    A corporate borrower’s bank accounts can provide powerful security for lenders, especially if the secured party knows that it can quickly and easily sweep the funds if the borrower defaults.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Barnes & Thornburg LLP, Debtor, Default (finance), Secured loan
    Location:
    USA
    Firm:
    Barnes & Thornburg LLP
    Delaware Bankruptcy Court revises Local Rules
    2010-04-13

    On February 1, 2010, the United States Bankruptcy Court for the District of Delaware revised its Local Rules. A clean copy of the Local Rules are available here.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Consent, Mediation, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Employee fired for planning to file for bankruptcy can pursue retaliation claim
    2010-04-13

    The bankruptcy code prohibits an employer from discriminating against or terminating an employee for filing or having filed for bankruptcy protection. A federal court in Wisconsin has extended this retaliation protection to an employee who intended to file for bankruptcy (and later did so). In Robinette v.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Fenwick & West LLP, Bankruptcy, Discrimination, Credit union, Summary offence, US Federal Government, Ninth Circuit
    Authors:
    Victor Schachter , Dan Ko Obuhanych
    Location:
    USA
    Firm:
    Fenwick & West LLP
    Second liens really are second
    2010-04-13

    With the increase in corporate bankruptcy filings over the past year, there have been some interesting bankruptcy court decisions that affect those of us on the front end in corporate lending. One recent case took up the question of whether a second lien is truly second -- and whether it is safe to expect that the terms of your intercreditor agreement will be enforced.

    In an intercreditor agreement, the senior lender will usually require that the junior lender waive several of its rights, including

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Reed Smith LLP, Contractual term, Bankruptcy, Collateral (finance), Waiver, United States bankruptcy court
    Authors:
    Susan C. Alker
    Location:
    USA
    Firm:
    Reed Smith LLP
    Another Florida property insurance insolvency announced; Gov. Crist threatens to veto property insurance legislation
    2010-04-12

    On April 7, 2010, the Florida Office of Insurance Regulation declared Northern Capital Insurance Company, a Florida-based property insurer, to be “insolvent and in hazardous financial condition.” The company had been under the administrative supervision of the Office of Insurance Regulation since May 29, 2009. The company is expected to be placed into receivership and all of its policies are expected to be cancelled shortly after the entry of an order of liquidation.

    Filed under:
    USA, Florida, Insolvency & Restructuring, Insurance, Foley & Lardner LLP, Threatened species, Liquidation, Underwriting, Deregulation, Concentration, US Senate, US House of Representatives, Insurance commissioner
    Authors:
    Michael P. Harrell , Robert H. Hosay , Jonathan P. Kilman , Thomas J. Maida , Leonard E. Schulte
    Location:
    USA
    Firm:
    Foley & Lardner LLP
    Recent significant commercial bankruptcy filings
    2010-04-12

    The following is a list of some recent larger U.S. bankruptcy filings in various industries. To the extent you are a creditor to any of these debtors, or other entities which may have filed for bankruptcy protection, you as a creditor are entitled to certain protections under the Bankruptcy Code.  

    TEXTILES  

    Textile and paper-making component maker Xerium Technologies Inc. has sought bankruptcy protection.  

    WASTE MANAGEMENT  

    Filed under:
    USA, Insolvency & Restructuring, Masuda Funai Eifert & Mitchell Ltd, Bankruptcy, Debtor, Unsecured debt, Option (finance), Waste management, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Reinhold F. Krammer
    Location:
    USA
    Firm:
    Masuda Funai Eifert & Mitchell Ltd
    Troubled domestic sovereign debt: what every commercial professional should know
    2010-04-09

    Since the inception of Tribal1 gaming, billions of dollars have been provided to Tribal casinos by investors and lenders. Clearly, these investments and loans were not considered to be a gamble. Tribal debtors borrow for many reasons; their debt is considered “sovereign” due to their unique legal standing.

    Filed under:
    USA, Insolvency & Restructuring, Leisure & Tourism, Litigation, Vedder Price PC, Debtor, Gambling, Debt, Foreclosure, Default (finance), Casino, Sovereign immunity, Wells Fargo, US Code, Uniform Commercial Code (USA)
    Authors:
    Michael M. Eidelman
    Location:
    USA
    Firm:
    Vedder Price PC
    FDIC sells equity interest in loans
    2010-04-09

    On April 1, the Federal Deposit Insurance Corporation (FDIC) closed the sale of an equity interest in a limited liability company (LLC) created to hold certain assets transferred from 19 failed bank receiverships. The purchaser of the interest in the Multibank Structured Transaction Single Family Residential 2010-1 is Roundpoint Mortgage Servicing Corporation (Roundpoint). The sale was the result of a competitive auction held on February 24.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Securitization & Structured Finance, Katten Muchin Rosenman LLP, Share (finance), Collateral (finance), Interest, Limited liability company, Mortgage loan, Leverage (finance), Federal Deposit Insurance Corporation (USA)
    Authors:
    Christina J. Grigorian
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP

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