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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


The Colonial BancGroup, Inc.: FDIC denied right to setoff against demand deposit accounts
  • Morrison & Foerster LLP
  • USA
  • February 3 2011

On January 24, 2011, the Honorable Dwight H. Williams, Jr. of the U.S. Bankruptcy Court for the Middle District of Alabama denied the Federal Deposit Insurance Corporation’s (“FDIC”) request for relief from the automatic stay in the Colonial BancGroup, Inc. case


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


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


Appealing an involuntary: respect the Chapter 11 trustee’s authority
  • Morrison & Foerster LLP
  • USA
  • July 28 2011

When creditors succeed in obtaining an order for relief in an involuntary Chapter 11 case and the appointment of a Chapter 11 trustee, who controls the appeals for those orders?


Dodd-Frank: the disorderly orderly
  • Morrison & Foerster LLP
  • USA
  • September 2 2011

The FDIC Board approved a final rule on the orderly liquidation process, which was the culmination of a series of rulemaking efforts begun earlier this year


Living wills: FDIC approves final rules
  • Morrison & Foerster LLP
  • USA
  • September 16 2011

On Tuesday morning, the Federal Deposit Insurance Corporation (“FDIC”) Board unanimously approved two rules regarding resolution planning: one rule for large bank holding companies and nonbank financial companies supervised by the Federal Reserve Board of Governors (“FRB”), and the other rule for large banks


Mark iIV ruling: district court affirms bankruptcy court’s denial of discharge of environmental obligations
  • Morrison & Foerster LLP
  • USA
  • October 24 2011

Last month, District Court Judge Shira A. Scheindlin of the Southern District of New York affirmed a bankruptcy court ruling which held that the environmental cleanup obligations of debtor Mark IV Industries, Inc. were not discharged in bankruptcy


MERS clouds
  • Morrison & Foerster LLP
  • USA
  • March 11 2011

MERS's authority to assign mortgages was called into question by a bankruptcy court in New York