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    Freddie Mac updates Single-Family Seller/Servicer Guide
    2014-09-20

    On September 15, Freddie Mac released a bulletin updating portions of Single-Family Seller/Servicer Guide (“Guide”) governing foreclosures and foreclosure alternatives.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Orrick, Herrington & Sutcliffe LLP, Foreclosure
    Location:
    USA
    Firm:
    Orrick, Herrington & Sutcliffe LLP
    Interview with Bridget Marsh, Deputy General Counsel of the LSTA on Meridian Sunrise Village
    2014-09-22

    We previously covered the Meridian Sunrise Village case on the Bankruptcy Blog here.

    Filed under:
    USA, Washington, Banking, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, General counsel
    Authors:
    David Nigel Griffiths
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Mid-year review 2014
    2014-09-22

    Do Your Duty As You See It: Recent Decisions on Board Duties and Corporate Governance

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Corporate governance, Fiduciary, Board of directors, Delaware Court of Chancery
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    The momentive decision: another warning to debtholders and indenture trustees to ensure that your make-whole is not full of holes
    2014-09-22

    Many indentures contain “make-whole provisions,” which protect a noteholder’s right to receive bargained-for interest payments by requiring compensation for lost interest when accrued principal and interest are paid early. Make-whole provisions permit a borrower to redeem or repay notes before maturity, but require the borrower to make a payment that is calculated to compensate noteholders for a loss of expected interest payments.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, ArentFox Schiff, Debtor, Maturity (finance)
    Authors:
    Andrew I. Silfen , Jeffrey N. Rothleder , Leah M. Eisenberg , Mark B. Joachim , Ronni N. Arnold , Beth Brownstein
    Location:
    USA
    Firm:
    ArentFox Schiff
    LeClairRyan accountant and attorney liability newsbrief - Fall 2014
    2014-09-22

    If the summer whizzed by too fast and you are still using your old Circular 230 disclaimer on emails and correspondence, it is time to fix that.

    Filed under:
    USA, Insolvency & Restructuring, Legal Practice, Litigation, LeClairRyan, Independent contractor, Attorney-client privilege
    Location:
    USA
    Firm:
    LeClairRyan
    Double dipping? Section 503(b)(9) and the new value defense to preference liability
    2014-09-23

    The 2005 Amendments to the Bankruptcy Code ushered in section 503(b)(9) of the Bankruptcy Code, which grants trade creditors an administrative expense for goods sold to the debtor in t

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor
    Authors:
    Debora Hoehne
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Delayed recording: sometimes late is no better than never
    2014-09-23

    Collins v. JP Morgan Chase Bank, N.A. (In re Flannery), 513 B.R. 1 (Bankr. D. Mass. 2014) –

    Filed under:
    USA, Massachusetts, Insolvency & Restructuring, Litigation, Troutman Pepper
    Location:
    USA
    Firm:
    Troutman Pepper
    BNY v. Romero: important lessons for foreclosure practice in New Mexico
    2014-09-23

    On February 13, 2014, the New Mexico Supreme Court filed its Opinion in Bank of New York v. Romero, 2014-NMSC-007.  The opinion in BNY v.

    Filed under:
    USA, New Mexico, Insolvency & Restructuring, Litigation, Modrall Sperling
    Authors:
    William R. Keleher
    Location:
    USA
    Firm:
    Modrall Sperling
    Bankruptcy Court finds tenant cannot assume commercial lease after waiving rights to seek relief from forfeiture under California law
    2014-09-24

    The US Bankruptcy Court for the Central District of California (the "Court") recently upheld the validity of a commercial lease provision by which a debtor/tenant waived its rights to seek relief from forfeiture (i.e., termination) of the lease under California law. As a result, the debtor/tenant had no right in the bankruptcy case to assume the lease. In re Art and Architecture Books of the 21st Century, Case No. 2:13-bk-14135-RK (September 18, 2014).

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, Real Estate, Katten Muchin Rosenman LLP, Leasehold estate, Waiver, US District Court for Central District of California
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    District court holds that section 550(a) of the Bankruptcy Code does not apply extraterritorially to allow for recovery of subsequent transfers received abroad by a foreign transferee from a foreign transferor
    2014-09-24

    Securities Investor Protection Corp. v. Bernard L. Madoff Investment Securities LLC, 12-mc-115 (S.D.N.Y. July 6, 2014) [click for opinion]

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Baker McKenzie, Security (finance), Extraterritoriality
    Location:
    USA
    Firm:
    Baker McKenzie

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