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    Court approves $125 million New Century settlement
    2010-08-10

    Yesterday, a federal judge preliminary approved a $125 million cash settlement for former shareholders of New Century Financial Corp. (“New Century”). New Century was the second largest subprime mortgage originator before it filed for bankruptcy in April 2007. In February 2008, Michael J.

    Filed under:
    USA, California, Capital Markets, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Shareholder, Board of directors, Subprime lending, General counsel, Underwriting, Preferred stock, Securities fraud, KPMG, Securities Act 1933 (USA), Chief executive officer, Chief financial officer, US District Court for Central District of California
    Authors:
    Tara Castillo
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Too-big-to-fail bailout avoidance provisions
    2010-08-24

    Title II of the Act, designated "Orderly Liquidation Authority" – effective July 21, 2010 – establishes what is intended to be an orderly liquidation process for "financial companies" whose collapse or potential collapse are determined to constitute a risk to the financial system as a whole. Such systemically significant institutions would be liquidated under these new procedures, rather than being treated under existing bankruptcy laws. (The intent of Act is that most-failing financial companies will continue to be administered under existing bankruptcy laws.)

    Filed under:
    USA, Banking, Insolvency & Restructuring, Duane Morris LLP, Bankruptcy, Shareholder, Injunction, Security (finance), Board of directors, Federal Reserve Board, Standard of review, Liquidation, Bank holding company, Underwriting, Subsidiary, Federal Deposit Insurance Corporation (USA), Federal Reserve (USA), Financial Stability Oversight Council, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Bank Holding Company Act 1956 (USA), US Secretary of the Treasury
    Authors:
    Lee J. Potter, Jr. , Benjamin A. Haverstick
    Location:
    USA
    Firm:
    Duane Morris LLP
    FDIC brings second action against directors or officers of failed banks
    2010-11-16

    Industry observers have been waiting to see when bank failures arising out of the recent financial crisis would produce a wave of Federal Deposit Insurance Corporation (“FDIC”) litigation similar to that seen in the early 1990s after the savings and loan crisis. With its second suit in recent months, the FDIC has shown that it will aggressively pursue claims against directors and officers in connection with failed depository institutions.

    Filed under:
    USA, Banking, Company & Commercial, Insolvency & Restructuring, Dechert LLP, Surety, Breach of contract, Fiduciary, Board of directors, Interest, Federal Reporter, Credit risk, Negligence, Depository institution, Underwriting, Gross negligence, Federal Deposit Insurance Corporation (USA), US Code, Ninth Circuit
    Authors:
    Thomas P. Vartanian , Robert H. Ledig
    Location:
    USA
    Firm:
    Dechert LLP
    Real estate law: rethinking receiverships
    2010-12-20

    When defaults spiked for loans underwritten by commercial mortgage-backed securities (CMBS), many Texas attorneys sought state court-appointed receivers for commercial real estate assets.

    Placing a struggling property in receivership has long been a remedy available for lenders, but Texas' relatively expedited and inexpensive nonjudicial foreclosure process limited the remedy's practical value for traditional lenders.

    Filed under:
    USA, Texas, Insolvency & Restructuring, Real Estate, Securitization & Structured Finance, Munsch Hardt Kopf & Harr PC, Debtor, Collateral (finance), Commercial property, Debt, Mortgage loan, Foreclosure, Liability (financial accounting), Due diligence, Underwriting, Default (finance), Commercial mortgage-backed security, Mortgage-backed security, Secured loan
    Authors:
    Steven A. Caufield
    Location:
    USA
    Firm:
    Munsch Hardt Kopf & Harr PC
    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
    Authors:
    Kevin M. Hembree
    Location:
    USA
    Firm:
    Alston & Bird LLP
    The ins and outs of surety bonds: the insolvent surety
    2012-04-05

    Commercial, and sometimes residential, construction requires a contractor to obtain a surety bond to guarantee performance leading to the successful conclusion of a project. Upon that occasion, a general contractor will obtain a surety bond from an authorized underwriter.

    Filed under:
    USA, Construction, Insolvency & Restructuring, Fox Rothschild LLP, Surety, General contractor, Underwriting
    Authors:
    Carl Anthony Maio
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Lehman Brothers investors settle claims against underwriters
    2011-12-27

    Investors have agreed to settle securities claims against more than 30 underwriters who underwrote in excess of $31 billion in debt and equity offerings for Lehman Brothers, the collapse of which was a key chapter in the global financial crisis.  The plaintiffs in these actions alleged that the underwriters, which included Bank of America and units of Bank of New York Mellon, Citigroup and Wells Fargo, assisted Lehman Brothers in making misstatements about its finances prior to its implosion and eventual bankruptcy filing.  The proposed settlement still requires district court app

    Filed under:
    USA, Banking, Capital Markets, Insolvency & Restructuring, Sedgwick LLP, Bankruptcy, Security (finance), Debt, Underwriting, Lehman Brothers, United States bankruptcy court
    Authors:
    Eric C. Scheiner , Jennifer Q. Broda , Thomas R. Orofino , Jennifer Hamilton , Matthew M. Ferguson
    Location:
    USA
    Firm:
    Sedgwick LLP
    Recent cases may signal a trend for U.S. courts to accord insurers increased rights to object to the institution of an asbestos settlement trust
    2011-11-10

    An article by the National Underwriter Company discusses a recent Moody’s report that asbestos claims are again on the rise after years of declining or flat claims.1 This has led several insurers to increase their asbestos reserves and Moody’s views this trend as a warning flag for the property and casualty insurance industry as a whole.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Chadbourne & Parke LLP, Bankruptcy, Debtor, Injunction, Standing (law), Underwriting, Casualty insurance, General Motors, Title 11 of the US Code, United States bankruptcy court, Third Circuit
    Authors:
    Howard Seife , David M. Raim , Donald J. Mros , Francisco Vazquez
    Location:
    USA
    Firm:
    Chadbourne & Parke LLP
    Second Circuit affirms mandatory subordination of underwriters’ contribution and reimbursement claims
    2015-12-21

    “Claims arising from securities of a debtor’s affiliate should be subordinated” to all other “senior or equal” claims in the debtor’s bankruptcy case, held the U.S. Court of Appeals for the Second Circuit on Dec. 14, 2015. In re Lehman Brothers Inc., 2015 WL 8593604, at *3 (2d Cir. Dec. 14, 2015).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Debtor, Security (finance), Underwriting, Second Circuit
    Authors:
    Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Insurer properly rescinded policy where application did not disclose that employees were stealing money
    2007-06-14

    The United States District Court for the District of New Jersey, applying New Jersey law, has held that a bankruptcy court properly rescinded an insurance policy where the application denied any knowledge of occurrences that might give rise to claims despite the company's knowledge that employees were stealing money from the company. In re Tri-State Armored Services, Inc., 2007 WL 1196558 (D.N.J. Apr. 23, 2007).

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Fraud, Negligence, Underwriting, Trustee, United States bankruptcy court, US District Court for District of New Jersey
    Location:
    USA
    Firm:
    Wiley Rein LLP

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