This constitutes the third in a four-part series that discusses the practice of repledging (sometimes referred to as “rehypothecation”), how standard agreements allow for repledging, the treatment of repledging under current...more
In light of the banking failures of Silicon Valley Bank, Signature Bank and First Republic (as well as Credit Suisse), this summer, the Federal Reserve and the FDIC proposed guidance and rules for larger banks to (i) develop...more
11/7/2023
/ Bankruptcy Code ,
Bankruptcy Court ,
Capital Requirements ,
Chapter 11 ,
Chapter 7 ,
Collateral ,
Debtors ,
FDIC ,
Federal Reserve ,
Insolvency ,
Lehman Brothers ,
Liquidation ,
Liquidity ,
Repurchase Agreements ,
Risk Mitigation ,
Secured Debt ,
SIPA ,
Unsecured Debt
Recent decisions by the Fifth Circuit Court of Appeals and the Bankruptcy Court for the District of Delaware signal further disagreement over the treatment of “make-whole” premium payments under the Bankruptcy Code.
In...more
On November 10, 2022, the US Court of Appeals for the Second Circuit directed the US Bankruptcy Court for the District of Connecticut to order a refund of fees paid by a chapter 11 debtor to the Office of the US Trustee...more
On June 21, 2022, President Biden signed the Bankruptcy Threshold Adjustment and Technical Corrections Act into law.
As we reported here, the Bankruptcy Corrections Act revived the $7.5 million eligibility threshold for...more
In an issue of first impression for the jurisdiction, the Bankruptcy Court for the Northern District of Illinois has ruled that a subchapter V debtor “substantially consummated” its plan by paying less than $1,500 in...more