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    Court allows creditor to garnish top-hat plan benefits
    2013-04-18

    In Sposato v. First Mariner Bank, 2013 WL 1308582 (D. Md.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Winston & Strawn LLP
    Authors:
    Michael S. Melbinger
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    SIPC trustee may investigate MF Global
    2011-11-14

    On November 4th, the Federal Bankruptcy Court granted the SIPC Trustee's motion to establish procedures for the issuance of subpoenas for document production and depositions in connection with the SIPC Trustee's independent investigation into the business and affairs of MF Global. Access to documents produced by witnesses and attendance at examinations will be limited to the SIPC Trustee and his professionals. The SIPC, SEC and CFTC will have access to the discovery upon the execution of confidentiality agreements.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Discovery, Witness, Non-disclosure agreement, Capital punishment, US Securities and Exchange Commission, Commodity Futures Trading Commission (USA), Securities Investor Protection Corporation, United States bankruptcy court, Trustee
    Location:
    USA
    Firm:
    Winston & Strawn 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
    AIG restructuring
    2010-11-08

    On November 1st, the Treasury Department provided an update regarding the federal government's involvement with AIG. AIG will use the proceeds from its sale of one unit and the IPO from a second to repay the loan extended to AIG by the Federal Reserve Bank of New York and to repurchase a substantial amount of the FRBNY's preferred interests in certain AIG subsidiaries. AIG will then draw up to $22 billion in remaining Troubled Asset Relief Program funds from the Treasury Department to restructure its governmental obligations.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Winston & Strawn LLP, Share (finance), Initial public offering, Subsidiary, Preferred stock, US Federal Government, US Department of the Treasury, American International Group, Bank of New York Mellon
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Chapter 13 debtor has standing to bring avoidance action
    2010-04-19

    On April 12th, the Sixth Circuit held that a Chapter 13 debtor has standing to bring an avoidance action even when the bankruptcy trustee does not. It further held that the defendant mortgage company perfected its lien by equitably converting the lien on plaintiff's manufactured home to one for real property when the state court entered judgment on defendant's lis pendens claim. Since that order was entered during the 90 day preference period, the lien was avoidable.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Debtor, Standing (law), Sixth Circuit
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Second Circuit permits unsecured claim for post-petition attorneys’ fees authorized under a valid pre-petition contract
    2009-12-09

    In a recent holding that a creditor may collect, on an unsecured basis, post-petition attorneys’ fees under an otherwise enforceable pre-petition contract, the Second Circuit Court of Appeals followed a similar ruling by the Ninth Circuit earlier this year, adding to a conflict among the circuits on this issue.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, Surety, Debtor, Unsecured debt, Interest, Liquidation, Unsecured creditor, Title 11 of the US Code, Eighth Circuit, SCOTUS, Second Circuit, Ninth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Focus on Tax Controversy - November 2020
    2020-11-19

    In the wake of the recent economic downturn caused by the COVID-19 pandemic, there will likely be a sharp rise in bankruptcy filings by businesses seeking to obtain relief from the burdens of excessive debt.1 1 Winston & Strawn’s Tax Controversy and Litigation Group litigates tax disputes in the bankruptcy courts and works in conjunction with the firm’s Bankruptcy Practice Group. Portions of this article were originally published by the author in 2008.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Winston & Strawn LLP, Coronavirus, Title 11 of the US Code, Internal Revenue Service (USA)
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Supreme Court holds that bankruptcy courts may issue final orders based on consent
    2015-05-28

    Nearly four years after its decision in Stern v. Marshall raised new doubts about the place of bankruptcy courts in our legal system, the Supreme Court has finally put those doubts to rest. This week, in Wellness International Network, Ltd. v. Sharif, No. 13-935, the Court held that even for claims that must otherwise be resolved by an Article III court, a bankruptcy court may still adjudicate the matter based on consent.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, United States bankruptcy court
    Authors:
    Linda T. Coberly , Steffen N. Johnson , David Neier , Elizabeth P. Papez
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Investors in failed mutual bank cannot convert investment into a deposit
    2013-02-11

    On February 4th, the United States Court of Appeals for the Seventh Circuit affirmed the dismissal of claims brought by plaintiffs, who controlled a mutual bank before it collapsed, against the FDIC as both regulator and as receiver. The Administrative Procedures Act (the "APA") claim against the FDIC as regulator, which seeks money damages and an order directing the FDIC to treat $23.6 million in subordinated debt as bank deposits, is a claim for substitute relief barred by the APA.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Federal Deposit Insurance Corporation (USA), Seventh Circuit
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Historical municipal bankruptcy
    2011-11-14

    On November 11th, Reuters reported on the November 10 filing of bankruptcy court protection by Jefferson County, Alabama, the largest municipal bankruptcy in U.S. history. The county declared bankruptcy after failing to reach an agreement with its creditors on its $3.14 billion debt. Hearings are set for November 21 and December 15 to decide who maintains control of the sewer system and to determine eligibility for Chapter 9. Bankruptcy.

    Filed under:
    USA, Alabama, Insolvency & Restructuring, Public, Winston & Strawn LLP, Bankruptcy, Debt, United States bankruptcy court
    Location:
    USA
    Firm:
    Winston & Strawn LLP

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