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The In re Tousa, Inc fraudulent transfer decision: impacts on debt trading, derivatives trading, and commercial lending

  • Morrison & Foerster LLP
  • -
  • USA
  • -
  • October 28 2009

A recent decision in the U.S. Bankruptcy Court for the Southern District of Florida, In re Tousa, has received widespread attention for its near-wholesale rejection of insolvency “savings clauses,” and the resulting order requiring lenders to disgorge hundreds of millions of dollars

Americanwest Bancorporation: how a Section 363 sale in bankruptcy provides a viable recapitalization option for troubled banks

  • Morrison & Foerster LLP
  • -
  • USA
  • -
  • February 1 2011

In the current economic environment, many banks have lost significant capital and are under immense pressure, regulatory and otherwise, to recapitalize

Riskier times for secured lenders, derivative traders, and distressed debt investors? A synthesis of six significant bankruptcy-related developments

  • Morrison & Foerster LLP
  • -
  • USA
  • -
  • July 14 2010

Bankruptcy-related developments during the first half of this year have sent shock waves through the secured lending, derivative, and distressed debt trading communities