We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
In cooperation with Association of Corporate Counsel
  Request new password

Search results

Order by most recent / most popular / relevance

Results: 1-10 of 35

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

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

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

Extending the securitization safe harbor

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

The FDIC voted to extend the safe harbor provided under 12 C.F.R. 360.6 until September 30, 2010, from the FDIC’s ability, as conservator or receiver, to recover assets securitized or participated out by an insured depository institution

Dismantling large banks - a “how to” guide

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

On May 17, the FDIC issued a proposed rule that would require certain insured depository institutions to submit a contingent resolution plan outlining how they could be separated from their parent structures and wound down in an orderly and timely manner

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

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

The Colonial BancGroup, Inc.: FDIC denied right to setoff against demand deposit accounts

  • Morrison & Foerster LLP
  • -
  • USA
  • -
  • February 3 2011

On January 24, 2011, the Honorable Dwight H. Williams, Jr. of the U.S. Bankruptcy Court for the Middle District of Alabama denied the Federal Deposit Insurance Corporation’s (“FDIC”) request for relief from the automatic stay in the Colonial BancGroup, Inc. case

In re TOUSA, Inc.: commercial lending and debt trading markets breathe a sigh of relief

  • Morrison & Foerster LLP
  • -
  • USA
  • -
  • February 17 2011

A degree of certainty - for the time being - has been restored for participants in the commercial lending and debt trading markets who have been tracking the appeal of a controversial 2009 fraudulent transfer decision in the TOUSA, Inc. bankruptcy case

MERS clouds

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

MERS's authority to assign mortgages was called into question by a bankruptcy court in New York