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    Good news for mortgage lenders in consumer bankruptcy class actions
    2011-02-16

    While there has not been much good news for the mortgage banking industry coming out of bankruptcy courts in years, a recent opinion issued by the United States Court of Appeals for the Fifth Circuit provides not just good news, but very good news for mortgage lenders. The Fifth Circuit's opinion in Wilborn v. Wells Fargo Bank, N.A. (In re Wilborn), 609 F.3d 748 (5th Cir.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Baker Donelson Bearman Caldwell & Berkowitz PC, Bankruptcy, Costs in English law, Debtor, Class action, Federal Reporter, Mortgage loan, Wells Fargo, United States bankruptcy court, Fifth Circuit, US District Court for Southern District of Texas
    Authors:
    James H. White
    Location:
    USA
    Firm:
    Baker Donelson Bearman Caldwell & Berkowitz PC
    Lehman Brothers: another derivatives dispute resolved in favor of Lehman
    2011-05-23

    In a decision entirely consistent with its ruling in the “Perpetual” adversary proceeding last year, on May 12, 2011, the United States Bankruptcy Court in the Lehman chapter 11 cases endorsed a strict interpretation of certain Bankruptcy Code provisions to the benefit of Lehman, which will result in Lehman having more leverage in its negotiations with derivatives counterparties. See Lehman Brothers Special Financing Inc. v. Ballyrock ABS CDO 2007-1 Limited and Wells Fargo Bank, N.A., Trustee, Adv. Proc. 09-01032 (Bankr. S.D.N.Y. May 12, 2011).

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Litigation, Chadbourne & Parke LLP, Bankruptcy, Injunction, Swap (finance), Default (finance), Collateralized debt obligation, Credit default swap, Mortgage-backed security, Wells Fargo, Lehman Brothers, Title 11 of the US Code, Trustee, United States bankruptcy court
    Authors:
    Christy L. Rivera
    Location:
    USA
    Firm:
    Chadbourne & Parke LLP
    S.D.N.Y. Bankruptcy Court continues to construe Bankruptcy Code’s safe harbor provisions narrowly
    2011-06-07

    In two recent decisions, the United States Bankruptcy Court for the Southern District of New York has interpreted narrowly certain of the Bankruptcy Code’s safe harbor provisions.  

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Shareholder, Injunction, Swap (finance), Leveraged buyout, Default (finance), Collateralized debt obligation, Mortgage-backed security, Wells Fargo, International Swaps and Derivatives Association, Lehman Brothers, Title 11 of the US Code, Trustee, United States bankruptcy court, US District Court for the Southern District of New York
    Authors:
    Mark C. Ellenberg
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Bank did not violate Bankruptcy Code's automatic stay
    2011-06-13

    On June 7th, the Eleventh Circuit affirmed the entry of summary judgment dismissing Chapter 13 debtors' claims against Wells Fargo, which holds debtors' mortgages. Debtors alleged that Wells Fargo violated the Bankruptcy Code's automatic stay provisions by recording in its internal records the fees it incurred to file its proof of claim. The Eleventh Circuit held that Wells Fargo did not violate the automatic stay because it had not collected or attempt to collect those fees. Similarly, a claim based on Wells Fargo's failure to disclose the fees was not yet ripe for action.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, Debtor, Mortgage loan, Wells Fargo, Eleventh Circuit
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    The final word on Mwangi—the Ninth Circuit holds debtor cannot recover alleged damages for a stay violation arising from an administrative freeze on the debtor’s bank account
    2014-12-22

    The Ninth Circuit Court of Appeals recently rendered its decision in the Mwangi case, dealing whether a debtor can assert a claim against his bank for placing an administrative freeze on his bank account pending a determination of the debtor’s exemption claim as to the funds in the account.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Holland & Hart LLP, Debtor, Wells Fargo, Ninth Circuit
    Location:
    USA
    Firm:
    Holland & Hart LLP
    Stay relief: what happens to “unreasonable” fees?
    2014-10-17

    Wells Fargo Bank, N.A. v. 804 Congress, L.L.C. (In re 804 Congress, L.L.C.), 756 F.3d 358 (5th Cir. 2014) –

    After an oversecured creditor obtained relief from the automatic stay and foreclosed on some property, the bankruptcy court asserted jurisdiction over disposition of the sale proceeds and denied in part the creditor’s claim for fees. The district court reversed and the case was appealed to the 5thCircuit.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Foreclosure, Wells Fargo, United States bankruptcy court
    Location:
    USA
    Firm:
    Troutman Pepper
    Code vs. contract: Fifth Circuit holds that section 506(b) governs recovery of proceeds from a foreclosure sale after the automatic stay has been lifted
    2014-07-15

    When an oversecured creditor forecloses on a debtor’s property after the automatic stay has been lifted, does the Bankruptcy Code (as opposed to state law) govern recovery of attorney’s fees and other amounts from the sale proceeds? Does the bankruptcy court have jurisdiction over the distribution of such proceeds? In Goldsby v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Foreclosure, Wells Fargo, United States bankruptcy court, Fifth Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Fifth Circuit establishes appropriate Till analysis in chapter 11 proceedings
    2013-03-25

    On March 1, 2013, the Fifth Circuit Court of Appeals issued an opinion in Wells Fargo Bank N.A. v. Texas Grand Prairie Hotel Realty, L.L.C. et al, (Inre Texas Grand Prairie Hotel Realty, L.L.C.)1 (“Texas Grand Prairie”) affirming an order of the bankruptcy court confirming a debtor’s plan of reorganization over the objection the secured creditor that argued that the interest rate proposed by the plan to be paid to the secured creditor was too low in violation of 11 U.S.C. §1129(b).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Hunton Andrews Kurth LLP, Debtor, Wells Fargo, Fifth Circuit
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP
    Separation of claims solely on the basis of personal guaranty not permitted
    2013-02-18

    In re 18 RVC, LLC, Case No. 812-72378-reg (Bankr. E.D.N.Y., Oct. 22, 2012)

    CASE SNAPSHOT

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Reed Smith LLP, Debtor, Unsecured debt, Secured creditor, Wells Fargo, United States bankruptcy court
    Authors:
    Christopher O. Rivas
    Location:
    USA
    Firm:
    Reed Smith LLP
    Fifth Circuit holds that political contributions from Ponzi schemers are fraudulent transfers
    2012-11-29

    The United States Court of Appeals for the Fifth Circuit, on Oct. 22, 2012, held that $1.6 million in political contributions made to five different political committees by Ponzi scheme defendants between 2000 and 2008 were fraudulent transfers made “with actual intent to hinder, delay, or defraud creditors” under the Texas version of the Uniform Fraudulent Transfer Act. Janvey v. Democratic Senatorial Campaign Committee, Inc., et al., 2012 WL 5207460 ___ F.3d ___ (5th Cir. 2012).

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, White Collar Crime, Schulte Roth & Zabel LLP, Fraud, Campaign finance, Wells Fargo, Second Circuit, Fifth Circuit
    Authors:
    Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP

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