News & Analysis as of

Banking Sector Bankruptcy Code

Hudson Cook, LLP

The CFPB's Future is Unclear, but Its $42 Million Judgment Still Sends a Clear Message

Hudson Cook, LLP on

If we could use only one word to describe the future of the Consumer Financial Protection Bureau, I think most of us would agree on the word "uncertain." However, one thing seems certain to occur as we wait to see what will...more

Davis Wright Tremaine LLP

The Regulatory Trio: Long-Term Debt and Resolution Plan Proposals Signal Need for Greater Clarity and Simplification

On August 29, 2023, the Board of Governors of the Federal Reserve System (FRB), the Office of the Comptroller of the Currency (OCC), and the Federal Deposit Insurance Corporation (collectively, FBAs) issued requests for...more

Proskauer Rose LLP

Current Issues Relating to Silicon Valley Bank Closure - Insights

Proskauer Rose LLP on

Update 3/13/23: On March 12, 2023, Signature Bank was closed by New York State’s Department of Financial Services. Also on March 12, 2023, the Treasury, the Federal Reserve Board, and the FDIC jointly announced that...more

Morrison & Foerster LLP

High Court Rules that ISDA Bankruptcy-Related Events of Default Can Be Cured in Lehman Case

In Grant & Ors v FR Acquisitions Corporation (Europe) Ltd & Anor (Re Lehman Brothers International (Europe)) [2022] EWHC 2532 (Ch), the English High Court ruled on an application for directions (the “Application”) made by the...more

Bowditch & Dewey

The Impact of Recent Amendments to the United States Bankruptcy Code on Lenders

Bowditch & Dewey on

On March 27, 2021, President Biden signed into law the COVID-19 Bankruptcy Relief Extension Act (the Extension Act). The Extension Act temporarily extends certain bankruptcy relief provisions that were enacted as part of the...more

Troutman Pepper Locke

2020 Consumer Financial Services Year in Review & A Look Ahead

Troutman Pepper Locke on

2020 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation, Troutman Pepper is uniquely positioned to help its clients find successful resolutions...more

Maynard Nexsen

Will Bankruptcy Preference Lawsuits Decline due to Statutory Changes?

Maynard Nexsen on

When a creditor is the target of a bankruptcy trustee or debtor’s claim to take back money the debtor paid on a legitimate debt prior to the bankruptcy filing, it’s bitter justice. The concept is fair enough: pulling funds...more

Jones Day

Short-Squeeze Risks Loom Again in CDS Markets

Jones Day on

The Situation: Fears of a potential short-squeeze in the upcoming Sears CDS auction have kicked off disputes in a variety of venues. The Result: One of these disputes caused the fourth-ever convening of an ISDA CDS...more

K&L Gates LLP

Distressed Solutions: The Global Reach of the US Bankruptcy Code and Litigation Between Financial Institutions

K&L Gates LLP on

“Only in New York” can cover a lot of ground, but there are certain types of cases that you will likely only see in the Southern District of New York. Listen in as John Bicks (New York) and Robert Honeywell (New York) tell...more

Buchalter

Cannabis, Cash, and Crime

Buchalter on

ON OCTOBER 2, 2012, kidnappers robbed and abducted a marijuana dispensary owner from his Newport Beach home. They then drove him to the Mojave Desert where they tortured him and demanded that he reveal where he had buried his...more

Ballard Spahr LLP

Second Circuit, on Truncated Record, Holds Dispute Implicating Core Bankruptcy Proceeding Non-Arbitrable

Ballard Spahr LLP on

In a recent decision pitting the Bankruptcy Code against the Federal Arbitration Act (FAA), the U.S. Court of Appeals for the Second Circuit held that a creditor could not compel arbitration of a debtor's class action claims...more

Robins Kaplan LLP

Your Daily Dose of Financial News

Robins Kaplan LLP on

New Fed chair Jay Powell made his first official appearance before Congress in that capacity, relaying to the House Financial Services Committee yesterday that he viewed the country’s economic outlook as improved since...more

Jones Day

The Year in Bankruptcy: 2017

Jones Day on

The initial year of the Trump administration colored much of the political, business, and financial headlines of 2017, both in the U.S. and abroad. Key administration-related developments in 2017 included U.S. withdrawal from...more

Herbert Smith Freehills Kramer

Debt Dialogue: March 2017

Kramer Levin’s Debt Dialogue addresses recent developments and recurring issues that debt-focused investors commonly encounter in connection with enforcement of rights, interpretation of documentation and other relevant...more

Carlton Fields

Surrendering Your Property in Bankruptcy Means You Must Actually Surrender It

Carlton Fields on

The title of this article seems self-evident. Lenders, servicers, and others active in the foreclosure arena these past few years know that it has been anything but. Borrowers surrender property in bankruptcy but,...more

Herbert Smith Freehills Kramer

Is Bank Debt a Security?: Dangerous Implications of the General Motors Litigation

GM’s term lenders had received $28 million in cash interest during the 90 days prior to GM’s filing, and $1.5 billion in full payment during the bankruptcy, subject to disgorgement if the term lenders proved to be...more

Burr & Forman

Bankruptcy Petition Costs Litigant Right to Appeal State Court

Burr & Forman on

Learning the interplay between state rules of judicial procedure and federal bankruptcy law can be a daunting undertaking, but the pitfalls of failing to do so can be severe. A recent example of the importance of being...more

Troutman Pepper

Settlement Proceeds: When Does Cash Become Quasi Real Estate?

Troutman Pepper on

Farmer v. Citizens Nat’l Bank of Athens (In re Davis), 528 B.R. 757 (Bankr. E.D. Tenn. 2015) – A chapter 7 trustee sought a court determination that the trustee had a superior claim to settlement proceeds arising from...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Lawmakers and Regulators Continue Focus on Strategies for Resolving SIFIs"

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

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