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Orderly liquidation of financial companies, including executive compensation clawback, under the Dodd-Frank Wall Street Reform and Consumer Protection Act

  • Cadwalader Wickersham & Taft LLP
  • -
  • USA
  • -
  • July 20 2010

Title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act ("WSRCPA") represents Congress' attempt to address companies considered "too big to fail."

Delaware’s not so safe harbors: Third Circuit Bankruptcy Court declines to rule that a payment on a letter of credit is an avoidance-proof “settlement payment”

  • Cadwalader Wickersham & Taft LLP
  • -
  • USA
  • -
  • April 17 2012

On March 26, 2012, Judge Mary F. Walrath of the United States Bankruptcy Court for the District of Delaware refused to rule that, as a matter of law, payments made to satisfy a debtor’s obligations under a letter of credit constitute “settlement payments” protected from avoidance under section 546(e) of the Bankruptcy Code

American Home court denies bank’s deficiency claim by accepting discounted cash flow valuation of mortgage loan portfolio subject to repurchase agreement

  • Cadwalader Wickersham & Taft LLP
  • -
  • USA
  • -
  • September 17 2009

A Delaware bankruptcy court recently delivered the first decision applying section 562 of the Bankruptcy Code to a claim based on the termination of a repurchase agreement

U.S. Senate bill creates new regime for orderly liquidation of financial companies that present systemic risk

  • Cadwalader Wickersham & Taft LLP
  • -
  • USA
  • -
  • June 1 2010

The comprehensive financial reform bill recently passed by the Senate creates a new "orderly liquidation authority" ("OLA") that would allow the Federal Deposit Insurance Corporation ("FDIC") to seize control of a financial company whose imminent collapse is determined to threaten the financial system as a whole