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Results: 1-10 of 31

Lehman waterfall application and Game Station decision

  • Morrison & Foerster LLP
  • -
  • USA
  • -
  • March 18 2014

In another judicial decision springing from Lehman Brothers, as a result of the likely surplus in the estate of Lehman Brothers International

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

Reorganization plan qualifies for bankruptcy exception to NOL limitation rules

  • Morrison & Foerster LLP
  • -
  • USA
  • -
  • April 30 2013

In another recent private letter ruling, the IRS ruled that an ownership change pursuant to a bankruptcy reorganization plan qualified for an

The debate continues: The Seventh Circuit upholds credit bidding in a "free and clear" plan sale

  • Morrison & Foerster LLP
  • -
  • USA
  • -
  • July 18 2011

In a decision that is expected to have wide-ranging implications for secured lenders and reorganization plan sales nationwide, the Seventh Circuit’s June 28, 2011 opinion in In re River Road marks a jurisdictional split on the contours of credit bidding in bankruptcy

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

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

Stern v. Marshall: a jurisdictional game changer?

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

During her lifetime, Vickie Lynn Marshall, publicly known as Anna Nicole Smith (“Vickie”), was hardly a stranger to the prying eyes of the media

Contemplating Chapter 11 as a “fresh start”? Consider recent developments in environmental claims liability

  • Morrison & Foerster LLP
  • -
  • USA
  • -
  • April 26 2011

When a company saddled with potential environmental liabilities seeks bankruptcy protection, the goals of Chapter 11giving the reorganized debtor a "fresh start" and fairly treating similarly situated creditorscan conflict with the goals of environmental laws, such as ensuring that the "polluter pays