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    In re Yellowstone Mountain Club LLC - the pitfalls of “equitable subordination” for the unwary lender
    2009-06-04

    The recent ruling by the Bankruptcy Court for the District of Montana in the Chapter 11 case of In re Yellowstone Mountain Club LLC 1 (“Yellowstone”), which found that a senior secured lender had engaged in “overreaching and predatory lending practices”, suggests an application of lender liability theory from today’s perspective to a transaction that took place before the credit crisis.  

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case LLP, Bankruptcy, Debtor, Unsecured debt, Fraud, Marketing, Debt, Underwriting, Leverage (finance), Secured loan, United States bankruptcy court
    Location:
    USA
    Firm:
    White & Case 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
    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
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    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
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Ireland increases bank bailout commitments
    2010-10-01

    On Thursday, Ireland's Finance Minister Brian Lenihan released a "Minister's Statement on Banking" announcing new commitments to troubled Irish banks. The statement began: "It is an urgent and immediate priority to reinforce international market confidence in our ability and commitment to restore our banking system to health and to secure the long-term sustainability of our fiscal position." Toward that end, Mr. Lenihan announced increased commitments to banks and building societies.

    Filed under:
    Ireland, Banking, Insolvency & Restructuring, Alston & Bird LLP, Shareholder, Bailout, Underwriting, Preferred stock, Building society
    Location:
    Ireland
    Firm:
    Alston & Bird LLP
    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, Securities Act 1933 (USA), KPMG, US District Court for Central District of California, Chief executive officer, Chief financial officer
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Joint Forum releases review of the differentiated nature and scope of financial regulation
    2010-01-09

    Yesterday the Joint Forum, a group established in 1996 by the Basel Committee on Banking Supervision (BCBS), the International Organization of Securities Commissions (IOSCO) and the International Association of Insurance Supervisors (IAIS) to deal with issues common to the banking, securities, and insurance sectors, released “Review of the Differentiated Nature and Scope of Financial Regulation – Key Issues and Recommendations”, which addresses key issues and recommendations on the differenti

    Filed under:
    Global, Banking, Capital Markets, Insolvency & Restructuring, Alston & Bird LLP, Security (finance), Hedge funds, Credit risk, Mortgage loan, Financial regulation, Underwriting, Capital requirement, Leverage (finance), Parent company, Financial Stability Board, Office of the Comptroller of the Currency
    Authors:
    Alice Green
    Location:
    Global
    Firm:
    Alston & Bird LLP
    LandAmerica Financial Group seeks bankruptcy protection
    2008-11-26

    Late the night of Nov. 25, LandAmerica Financial Group, Inc. and its subsidiary, LandAmerica 1031 Exchange Services, Inc., filed a Chapter 11 petition in the U.S. Bankruptcy Court for the Eastern District of Virginia ("Bankruptcy Court"), seeking bankruptcy protection for both entities. The action does not cover Commonwealth Land Title Insurance Company or Lawyers Title Insurance Company, two LandAmerica subsidiaries that are each domiciled in the State of Nebraska.

    Filed under:
    USA, Nebraska, Virginia, Insolvency & Restructuring, Insurance, Litigation, Dentons, Bankruptcy, Debtor, Security (finance), Fiduciary, Liquidation, Due diligence, Underwriting, Title insurance, Subsidiary, Title 11 of the US Code, United States bankruptcy court, US District Court for Eastern District of Virginia, Insurance commissioner
    Location:
    USA
    Firm:
    Dentons
    Impact of Lehman Brothers Holdings Inc. filing for Chapter 11 on healthcare entities
    2008-09-22

    On September 15, 2008, Lehman Brothers Holdings Inc. ("Lehman Holdings") filed for Chapter 11 in the United States Bankruptcy Court for the Southern District of New York (Case No. 08-13555). None of Lehman Holdings’ U.S. subsidiaries have filed for bankruptcy at this point. In addition, while Lehman Holdings has certain subsidiaries that are regulated entities (e.g., banks, insurance companies, etc.), none of those entities has yet been placed into any kind of insolvency proceeding by the applicable regulators.

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Dentons, Bond (finance), Bankruptcy, Market liquidity, Investment management, Subprime lending, Mortgage loan, Investment banking, Underwriting, Subsidiary, Title 11 of the US Code, Barclays, US Department of the Treasury, Lehman Brothers, United States bankruptcy court
    Location:
    USA
    Firm:
    Dentons
    Non-disclosure of corporate re-organisation and breach of warranty (again)
    2010-11-10

    By a judgment handed down on 26 October 2010 in Sugar Hut Group Ltd & Ors v Great Lakes Reinsurance (UK) Plc & Ors [2010] EWHC 2636 (Comm), Mr Justice Burton in the Commercial Court held that insurers were entitled to avoid, for a material non-disclosure of a corporate re-organisation, a policy which could otherwise have covered losses arising from a fire at the premises of the insureds.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Litigation, Herbert Smith Freehills LLP, Shareholder, Breach of contract, Reinsurance, Public limited company, Non-disclosure agreement, Warranty, Underwriting, Subsidiary, High Court of Justice, Commercial Court (England and Wales)
    Authors:
    Alexander Oddy
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP

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