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Results: 1-10 of 33

Resolution plansliving wills - summary of final rule on Orderly Liquidation Authority, and future impacts on financial companies, creditors, potential investors, and senior executives

  • Morrison & Foerster LLP
  • -
  • USA
  • -
  • July 11 2011

The July 6, 2011 Federal Deposit Insurance Corporation Board of Directors (the “FDIC Board”) meeting marked the changing of the guard from Chairman Sheila Bair to FDIC Vice Chairman Martin Gruenberg

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

No costs allowed to petitioner who challenged a sales tax assessment

  • Morrison & Foerster LLP
  • -
  • USA
  • -
  • December 5 2011

A New York State Administrative Law Judge has denied an application for costs and fees filed by a petitioner who had succeeded in substantially reducing the asserted tax liability through settlement

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

Dodd-Frank, Title II: where the FDIC and the “orderly liquidation authority” meet the Bankruptcy Code

  • Morrison & Foerster LLP
  • -
  • USA
  • -
  • August 31 2010

The FDIC is currently responding to one of the worst financial crises in the history of the nation's banking system

Lothian Oil: Fifth Circuit recharacterizes non-insiders’ debt claim as equity

  • Morrison & Foerster LLP
  • -
  • USA
  • -
  • October 19 2011

On August 9, 2011, the United States Court of Appeals for the Fifth Circuit held that a non-insider's debt claim can be recharacterized as equity in Grossman v. Lothian Oil Inc. (In re Lothian Oil, Inc

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

Acquiring failure

  • Morrison & Foerster LLP
  • -
  • USA
  • -
  • June 4 2010

On April 23, the FDIC published additional Q&As on the Statement of Policy on Qualifications for Failed Bank Acquisitions ("Policy Statement") issued in September 2009

Final rules on living wills: prepare for your own demise

  • Morrison & Foerster LLP
  • -
  • USA
  • -
  • December 6 2011

The Federal Reserve announced the approval of a final rule to implement the Dodd-Frank resolution plan requirement set forth in Section 165(d) (the “Final Rule”

Buyer beware: Third Circuit confirms claims are subject to disallowance despite sale to third party

  • Morrison & Foerster LLP
  • -
  • USA
  • -
  • December 5 2013

The Third Circuit in In re KB Toys, Inc. recently affirmed a decision of the Delaware District Court, holding that trade claims are subject to