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FDIC treatment of creditor claims under orderly liquidation process

Reed Smith LLP
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USA
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December 19 2011

When a traditional nonbanking company files a case under the Bankruptcy Code, a judge is appointed to be the neutral arbiter of disputes that arise between the debtor and its creditors

Court denies lender’s motion to dismiss Section 547 preference action seeking to avoid valid foreclosure sale

Reed Smith LLP
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USA
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December 19 2011

The lender foreclosed on the borrower’s property after the borrower defaulted on its loan obligations

Court finds defendants knowingly waived right to jury trial, affirms such waivers must be clear

Reed Smith LLP
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USA
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December 19 2011

Defendant Bethany Holdings Group, LLC borrowed more than $200 million from Lehman, securing the loans with mortgages on real properties

Court upholds ipso facto clause and default interest rate

Reed Smith LLP
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USA
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December 19 2011

The court addressed the enforceability of an ipso facto acceleration clause in a credit agreement triggered by a bankruptcy filing, and whether a lender group was entitled to post-petition interest at the default rate by a solvent debtor

The seller of loan participation interests protected from preference recovery under the ‘conduit theory’

Reed Smith LLP
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USA
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December 19 2011

In this case of first impression, the court determined whether the status of the lead bank in a loan participation was that of an “initial transferee” or a mere conduit for the purposes of establishing preference liability

Arizona insurance department places PMI Mortgage Insurance Company into receivership

Reed Smith LLP
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USA
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November 8 2011

On October 20, 2011, the Director of the Arizona Department of Insurance filed a Complaint to place PMI Mortgage Insurance Company (PMI) into receivership in Arizona

Unable to show ‘indubitable equivalence’ where property appraisals diverge significantly

Reed Smith LLP
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USA
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September 14 2011

The bank had loaned money to two affiliated borrowers

Subrogation to ‘claims’ entitles subrogee to vote on behalf of itself and subrogor

Reed Smith LLP
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USA
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September 14 2011

A junior and senior lender’s respective loans were secured by the same piece of land

Court holds that ‘all value’ must be considered in determining ‘reasonably equivalent value’ in fraudulent transfer case

Reed Smith LLP
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USA
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June 15 2011

A bank made three loans to finance a business

What you need to know about the proposed new liquidation regime under Dodd-Frank

Reed Smith LLP
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USA
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June 15 2011

Under the proposed new insolvency regime created by Dodd-Frank, the FDIC may be appointed as receiver of a financial company if it is determined that the financial company is in default or in danger of default, and the failure of the financial company would have serious adverse effects on financial stability in the United States

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