Kathleen Dwyer, the court-appointed trustee for David Drumm’s estate, trawled through his Irish and US bank accounts yesterday, at the former Anglo chief executive’s third bankruptcy hearing in Boston, the Irish Times reported. Yesterday’s hearing highlighted the awkward duty of Ms Dwyer to maximise the amount of Mr Drumm’s estate so it can be distributed to his creditors, while at the same time suing his main creditor, Anglo.
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United States
Officials running the European insolvency proceedings of Nortel Networks Corp. are threatening to sue Nortel's U.S. unit for allegedly stripping value from the company's European divisions and diverting it to other areas of the company, Dow Jones Daily Bankruptcy Review reported. In a filing with the court overseeing the bankruptcy of the U.S. unit, the court-appointed administrators responsible for Nortel's European units say they need to beat the clock to begin legal action in Ireland and Britain. Time may run out as soon as Dec.
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French bank Natixis Thursday denied allegations made by a trustee seeking to recover assets for victims of Bernard Madoff's investment fraud, The Wall Street Journal reported. A lawsuit filed late Wednesday is seeking around $1.4 billion from seven U.S. and European banks, including Natixis. The trustee, Irving Picard, said the lawsuits, which were filed under seal, accuse the banks of overlooking warning signals about Mr. Madoff's fraud while receiving transfers of money from his firm through so-called "feeder funds" that invested most or all of their assets with him.
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AbitibiBowater, the large newsprint maker formed through a merger three years ago, announced it had emerged from bankruptcy protection on Thursday, the International Herald Tribune reported. Debt and declining newsprint demand in North America led the company to seek Chapter 11 bankruptcy protection in Delaware, as well as similar protection under Canadian receivership laws, in April 2009. The restructuring cut the $8.78 billion in debt to just over $1 billion, mainly by having creditors exchange their claims for equity.
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The trustee overseeing the bankruptcy of Bernard Madoff's investment firm joined an English liquidator on Wednesday in filing an $80 million lawsuit against former directors of the convicted felon's London operation, including his sons and brother, and related entities, Dow Jones Daily Bankruptcy Review reported. The suit was filed in the United Kingdom's High Court of Justice Commercial Court by trustee Irving Picard and Stephen J. Akers, a joint liquidator of Madoff Securities International Ltd.
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A unit of HSBC Holdings PLC is protesting an attempt by Bahrain's Awal Bank BSC to pursue Chapter 11 protection in the U.S., saying Awal is seeking to cherry-pick the portions of the Bankruptcy Code it would like to use while ignoring other aspects of the law, Dow Jones Daily Bankruptcy Review reported. HSBC Bank USA, which claims to be among Awal's largest creditors, said the Bahrain bank is trying to take advantage of U.S. laws in an attempt to claw back an errant $13 million wire transfer.
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Former Anglo Irish Bank Chief Executive David Drumm will have to testify about his assets and conduct running the fallen Irish financial giant, under a deal his attorneys struck in bankruptcy court in Boston on Thursday, Reuters reported. The testimony could paint a much fuller picture of the life that Drumm has been living in Massachusetts after stepping down from the helm of Anglo-Irish at the end of 2008, just before the government nationalized the bank. The collapse of the bank was among the factors leading the country to seek an emergency international aid package last month.
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A bankruptcy judge cleared Lehman Brothers Holdings Inc. to sell its Brazil investment business, Libro Companhia Securitizadora de Creditos Financeiros, for nearly $15.9 million, Dow Jones Daily Bankruptcy Review reported. Judge James Peck of the U.S. Bankruptcy Court in Manhattan, approved of the sale Wednesday to a firm called Jive Investments Holding Ltd. In his order, Peck said that Jive's offer was the "highest and best" available and that the sale was in the best interest of Lehman and its creditors.
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Vitro SAB responded to creditors attempting to push 15 of its U.S. units into bankruptcy, saying the four investment funds are attempting to "hijack" a reorganization process in Mexico that is already underway, Dow Jones Daily Bankruptcy Review reported. The Mexican glass maker's statement, filed Monday with the U.S. Bankruptcy Court in Fort Worth, Texas, comes nearly two weeks after the funds, which list claims of $75.6 million against Vitro, filed an involuntary Chapter 11 petition against the company in that court.
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The Securities and Exchange Commission says the transfer of $1.28 billion in disputed cash and securities from Lehman Brothers Holdings Inc. to Barclays PLC as part of the controversial sale of Lehman's brokerage business could violate U.S. securities law, Dow Jones Daily Bankruptcy Review reported. The SEC said the transfer of assets held in two reserve accounts would violate a consumer-protection rule because it would leave the failed investment bank with insufficient funds to satisfy the claims of customers whose accounts were not transferred to Barclays.
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