Searching Content indexed under Finance and Banking by Fredric Sosnick ordered by Published Date Descending.
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Making The Safe Harbors Safe Again
In a March 29, 2016 decision, the United States Court of Appeals for the Second Circuit (the "Court of Appeals") held that creditors are preempted from asserting state law constructive fraudulent conveyance claims...
United States
9 May 2016
United States District Court For The Southern District Of New York Largely Dismisses Lehman's $8.6 Billion "Slush Fund" Claims Against JPMorgan
On September 30, 2015, the United States District Court for the Southern District of New York (the "District Court") denied the motion of Lehman Brothers Holdings Inc.
United States
21 Oct 2015
Bank Resolution: English And German Courts Place Limits On Obligations To Give Effect To Actions Of Resolution Authorities In Other Member States
In two recent decisions, European national courts have taken a narrow view of their obligations under the Bank Recovery and Resolution Directive (BRRD)—the new European framework for dealing with distressed banks.
European Union
25 Aug 2015
Keeping Marblegate In Perspective: Implications For Debt Restructurings, Indenture Amendments And New Bond Issues
Involuntary debt restructurings that have the effect of impairing a bondholder's right to receive payment may violate the Trust Indenture Act.
United States
20 Jul 2015
Two Recent Circuit Court Decisions On Cram Down
Two recent decisions by United States Circuit Courts of Appeal separately address the rights of secured creditors, unsecured creditors and equity holders under cram down plans of reorganization.
United States
1 Jul 2013
Preparing For The Big ‘What Ifs’ Of Corporate Life: The Final ‘Living Wills’ Requirements For Large Financial Institutions
A major step in the prevention of future financial bailouts has been taken by Federal bank supervisors with the adoption on October 17 and September 13 of final joint regulations requiring a resolution plan (or "living will") for the largest financial institutions active in the United States.
United States
26 Oct 2011
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