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Results: 1-10 of 93

Breaking the ISDA section 2(a)(III) insolvency stalemate
  • Morrison & Foerster LLP
  • USA
  • June 30 2014

On 19 June 2014, the International Swaps and Derivatives Association ("ISDA") published an amendment to the ISDA Master Agreement for use in


Cases we’re watching: CFPB v. Morgan Drexen
  • Morrison & Foerster LLP
  • USA
  • March 3 2015

We don't know about you, but we've been following the contentious litigation between the Consumer Financial Protection Bureau (CFPB) and debt-relief


Second Circuit to lenders: get your UCC filings right
  • Morrison & Foerster LLP
  • USA
  • February 5 2015

On January 21, 2015, the U.S. Court of Appeals for the Second Circuit issued an opinion regarding a mistaken UCC-3 termination statement that all loan


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


Stern revisited: big questions remain unresolved
  • Morrison & Foerster LLP
  • USA
  • June 19 2014

In its recent decision, Executive Benefits Insurance Agency v. Arkison (In re Bellingham Insurance Agency, Inc.),1 the Supreme Court reiterated and


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


Ambac seeks bankruptcy court approval of settlement with government resolving dispute arising out of tax treatment of credit default swaps
  • Morrison & Foerster LLP
  • USA
  • April 30 2013

On April 9, 2013, Ambac Financial Group, Inc. ("Ambac") submitted a proposed settlement with the United States to the U.S. Bankruptcy Court for the


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


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


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