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    Do the recent rulings in the general growth properties bankruptcy spell doom for equipment debt securitizations?
    2009-12-18

    Not necessarily so, according to the recent rulings of Southern District of New York Bankruptcy Judge Allan Gropper in the US$27 billion General Growth Properties Chapter 11 bankruptcy—at least with respect to the issue of substantive consolidation.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, White & Case, Public company, Bankruptcy, Debtor, Collateral (finance), Interest, Debt, Underwriting, Default (finance), Subsidiary, Secured loan, Credit rating agency, United States bankruptcy court
    Authors:
    Craig H. Averch , James Cairns
    Location:
    USA
    Firm:
    White & Case
    PLUS D&O symposium: afternoon session II
    2010-02-04

    During the second afternoon session of the first day of the PLUS D&O Symposium, the panelists discussed the complex underwriting issues that arise when the company to be insured is insolvent, in bankruptcy, or close to bankruptcy. The panelists discussed the following topics and provided the following insights:

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Locke Lord LLP, Bankruptcy, Security (finance), Waiver, Class action, Cease and desist, Underwriting, Debtor in possession, Digital television, Trustee, United States bankruptcy court
    Authors:
    Victoria Anderson , Jeanne Kohler , M Machua Millett
    Location:
    USA
    Firm:
    Locke Lord LLP
    Rating agencies dismissed from Section 11 mortgage-backed securities class action
    2010-02-01

    In a significant ruling with potentially wide-reaching implications, Judge Lewis Kaplan of the U.S. District Court for the Southern District of New York dismissed the Securities Act of 1933 causes of action (Sections 11, 12, and 15) against McGraw Hill and Moody's (the "Rating Agencies") in In re: Lehman Brother Mortgage Backed Securities Litigation.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Locke Lord LLP, Security (finance), Class action, Mortgage loan, Underwriting, Credit rating, Mortgage-backed security, Lehman Brothers, Moody's Investors Service, Securities Act 1933 (USA)
    Location:
    USA
    Firm:
    Locke Lord LLP
    Officers and directors of troubled banks at risk of personal liability
    2010-03-02

    In 2009, there were 140 failed banks. So far this year, 16 more banks have been seized by the FDIC. There are 702 banks currently on the FDIC's troubled banks list, and regulators and analysts predict that several hundred of those likely will fail over the next two years.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Nelson Mullins Riley & Scarborough LLP, Shareholder, Fraud, Board of directors, Market liquidity, Mortgage loan, Summary offence, Holding company, Underwriting, Community bank, US Federal Government, Federal Deposit Insurance Corporation (USA)
    Authors:
    Neil E. Grayson , Jim Lehman
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Non-insider lender equitably subordinated for predatory lending
    2009-08-26

    Although courts are generally reluctant to equitably subordinate claims of non-insiders, the United States Bankruptcy Court for the District of Montana recently did just that to the claims of a non-insider lender based on overreaching and self-serving conduct in Credit Suisse v. Official Committee of Unsecured Creditors (In Re Yellowstone Mt. Club, LLC), Case No. 08-61570-11, Adv. No. 09-00014 (Bankr. D. Mont. May 13, 2009).

    Filed under:
    USA, Montana, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Credit (finance), Debtor, Dividends, Debt, Credit risk, Due diligence, Underwriting, Cashflow, Broadcast syndication, Credit Suisse, United States bankruptcy court
    Authors:
    Bradley A. Cosman
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Winding up insurers - priority payment of reinsurance proceeds
    2011-06-27

    Amaca Pty Ltd v McGrath & Anor as liquidators of HIH Underwriting and Insurance (Australia) Pty Ltd [2011] NSWSC 90

    Filed under:
    Australia, Insolvency & Restructuring, Insurance, Litigation, King & Wood Mallesons, Share (finance), Debt, Liability (financial accounting), Reinsurance, Liquidation, Underwriting, Liquidator (law), Corporations Act 2001 (Australia)
    Location:
    Australia
    Firm:
    King & Wood Mallesons
    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, United States bankruptcy court, US District Court for District of New Jersey, Trustee
    Location:
    USA
    Firm:
    Wiley Rein LLP
    The insolvent insurer, the liquidator, and the reinsurance proceeds yet to come: lessons from AMACA
    2011-03-03

    Your insurer goes bust – can you as an insured claim the reinsurance proceeds? An important decision in the NSW Supreme Court gives useful guidance on when a court will allow departures from the statutory scheme controlling the application of reinsurance proceeds (Amaca Pty Ltd v McGrath & Anor as liquidators of HIH Underwriting and Insurance (Australia) Pty Ltd [2011] NSWSC 90).

    The insurer goes broke, and there are all these claimants at the door…

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Insurance, Litigation, Clayton Utz, Unsecured debt, Consideration, Debt, Reinsurance, Liquidation, Underwriting, Liquidator (law), Prejudice, Corporations Act 2001 (Australia), New South Wales Supreme Court
    Authors:
    Karen O'Flynn
    Location:
    Australia
    Firm:
    Clayton Utz
    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, US Code, Federal Deposit Insurance Corporation (USA), Ninth Circuit
    Authors:
    Thomas P. Vartanian , Robert H. Ledig
    Location:
    USA
    Firm:
    Dechert LLP
    Do the recent rulings in the general growth properties bankruptcy spell doom for equipment debt securitizations?
    2009-12-18

    Not necessarily so, according to the recent rulings of Southern District of New York Bankruptcy Judge Allan Gropper in the US$27 billion General Growth Properties Chapter 11 bankruptcy—at least with respect to the issue of substantive consolidation.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, White & Case LLP, Public company, Bankruptcy, Debtor, Collateral (finance), Interest, Debt, Underwriting, Default (finance), Subsidiary, Secured loan, Credit rating agency, United States bankruptcy court
    Authors:
    James Cairns
    Location:
    USA
    Firm:
    White & Case LLP

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