On March 17, 2023, the parent of Silicon Valley Bank (SVB) filed for Chapter 11 protection in the Southern District of New York. Unlike SVB itself, its parent, as a bank holding company, was eligible for Chapter 11. In the...more
Europe's latest legislative response to the recent financial crisis — the Bank Recovery and Resolution Directive (BRRD) — is intended to establish a minimum common toolbox for regulators in each member state to address bank...more
The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 contains two sets of provisions for managing the insolvency of financial institutions. First, the legislation creates an Orderly Liquidation Authority...more
1/28/2015
/ Banking Sector ,
Bankruptcy Code ,
Banks ,
Counterparties ,
Debt Restructuring ,
Dodd-Frank ,
FBOs ,
FDIC ,
Federal Reserve ,
Financial Institutions ,
Insolvency ,
ISDA ,
Living Will ,
Orderly Liquidation Authority ,
SIFIs
Historically, the Chapter 11 bankruptcy process was not used as a technique to recapitalize struggling banks. An aversion to using Chapter 11 was attributable in part to concerns that regulators and depositors might perceive...more