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Results: 1-10 of 95

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


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


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


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


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


No costs allowed to petitioner who challenged a sales tax assessment
  • Morrison & Foerster LLP
  • USA
  • December 5 2011

A New York State Administrative Law Judge has denied an application for costs and fees filed by a petitioner who had succeeded in substantially reducing the asserted tax liability through settlement


Lothian Oil: Fifth Circuit recharacterizes non-insiders’ debt claim as equity
  • Morrison & Foerster LLP
  • USA
  • October 19 2011

On August 9, 2011, the United States Court of Appeals for the Fifth Circuit held that a non-insider's debt claim can be recharacterized as equity in Grossman v. Lothian Oil Inc. (In re Lothian Oil, Inc


Supreme Court resolves conflict in circuit courts regarding credit bidding
  • Morrison & Foerster LLP
  • USA
  • May 29 2012

On May 29, 2012, the United States Supreme Court resolved a split among the federal courts of appeals on an important bankruptcy issue, agreeing with arguments Morrison & Foerster advanced on behalf of Amalgamated Bank


Dodd-Frank, Title II: where the FDIC and the “orderly liquidation authority” meet the Bankruptcy Code
  • Morrison & Foerster LLP
  • USA
  • August 31 2010

The FDIC is currently responding to one of the worst financial crises in the history of the nation's banking system


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