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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


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


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


What’s the plan?
  • Morrison & Foerster LLP
  • USA
  • June 2 2011

A recently proposed rule by the Federal Reserve Board and the Federal Deposit Insurance Corporation would systemically impose significant bank holding companies and nonbank financial companies to submit annual resolution plans and quarterly credit exposure reports


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


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


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


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


Resolution plansliving wills - summary of final rule on Orderly Liquidation Authority, and future impacts on financial companies, creditors, potential investors, and senior executives
  • Morrison & Foerster LLP
  • USA
  • July 11 2011

The July 6, 2011 Federal Deposit Insurance Corporation Board of Directors (the “FDIC Board”) meeting marked the changing of the guard from Chairman Sheila Bair to FDIC Vice Chairman Martin Gruenberg