News & Analysis as of

Chapter 11 Banking Sector

Skadden, Arps, Slate, Meagher & Flom LLP

Insights – April 2023 | Insights

This edition of Skadden’s quarterly Insights looks at the rising number of de-SPACed companies seeking Chapter 11 protection, the growth of a market designed to assume legacy liabilities, an effort to establish...more

Skadden, Arps, Slate, Meagher & Flom LLP

An Introduction to the Unique Issues in Bank Holding Company Bankruptcies

On March 17, 2023, the parent of Silicon Valley Bank (SVB) filed for Chapter 11 protection in the Southern District of New York. Unlike SVB itself, its parent, as a bank holding company, was eligible for Chapter 11. In the...more

Seward & Kissel LLP

Bank Contagion Spreads, Celsius Still Sending the Wulf? Voyager Nearing End of Journey, and Info (Salary) Wars

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Crypto-friendly lender Silvergate collapses | CNBC - Silvergate, a Crypto focused lender, announced it will wind down its operations and voluntarily liquidate the bank. This announcement comes a week after Silvergate...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - Issue 24, 2022

North Carolina Power Outage Points to Homeland Security Long-Documented Threats to US Power Grid - “Moore County blackouts serve as reminder that nation’s electricity infrastructure could be vulnerable targets for domestic...more

Spilman Thomas & Battle, PLLC

Promissory Notes - Banking & Finance Insights, Volume 2, Issue 6

SOFR Gaining Momentum as Drop Dead Date for Libor Nears - "Transition from US dollar Libor to its preferred alternative, SOFR, is going surprisingly well, though treasurers are having to grapple with some operational...more

Spilman Thomas & Battle, PLLC

Promissory Notes - Banking & Finance Insights, Volume 2, Issue 1

5 Banking Trends to Watch in 2022 - "Some of the narratives Banking Dive sees taking shape for 2022 — crypto, for example — are carryovers from last year, reaching a logical conclusion or forward motion. Others, such as...more

Skadden, Arps, Slate, Meagher & Flom LLP

Unhappy Lenders Challenge Aggressive Debt Exchanges

Takeaways - Loan agreement provisions allowing borrowers to repurchase their loans to take advantage of steep debt discounts and restructure their debt became popular in the wake of the financial crisis. The meaning of some...more

Spilman Thomas & Battle, PLLC

Promissory Notes - Banking & Finance Insights, Issue 8

IRS Chief Tells Elizabeth Warren: More Transparent Bank Data Can Fight Tax Evasion - "Rettig, a Trump administration holdover, touted a provision in the American Families Plan that would require banks to report on their...more

Bowditch & Dewey

The Impact of Recent Amendments to the United States Bankruptcy Code on Lenders

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On March 27, 2021, President Biden signed into law the COVID-19 Bankruptcy Relief Extension Act (the Extension Act). The Extension Act temporarily extends certain bankruptcy relief provisions that were enacted as part of the...more

Spilman Thomas & Battle, PLLC

All Consuming - Financial Litigation Insights, Volume 2, Issue 1 - January 2021

All is Not Lost: Mitigating the Risk of Loss of a Delinquent Collateral Asset in the Era of Autonomous Zones - The birth of autonomous zones has led to uncertainty regarding the protection of a lienholder's collateral...more

Lowenstein Sandler LLP

How To Respond When Your Banker Requests A Visit

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Borrowers should not be surprised when their lender requests a “checkup,” financial review, or audit. Lenders are nervous. Despite long-term institutional relationships with customers, many banks are seeking to reduce...more

Jones Day

Business Restructuring Review | May - June 2019

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Second Circuit Rules That Bankruptcy Code's Fraudulent Transfer Recovery Provisions Can Reach Foreign Transferees - In In re Picard, Trustee for the Liquidation of Bernard L. Madoff Inv. Sec. LLC, 917 F.3d 85 (2d Cir....more

K&L Gates LLP

Distressed Solutions: The Global Reach of the US Bankruptcy Code and Litigation Between Financial Institutions

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“Only in New York” can cover a lot of ground, but there are certain types of cases that you will likely only see in the Southern District of New York. Listen in as John Bicks (New York) and Robert Honeywell (New York) tell...more

Jones Day

The Year in Bankruptcy: 2017

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The initial year of the Trump administration colored much of the political, business, and financial headlines of 2017, both in the U.S. and abroad. Key administration-related developments in 2017 included U.S. withdrawal from...more

Manatt, Phelps & Phillips, LLP

Bank Holding Company Execs Not Entitled to Insurance Coverage

Is a bank holding company that owns and operates banks the same entity both pre- and postbankruptcy filing for the purposes of pursuing directors and officers (D&O) insurance coverage? Yes, the U.S. Court of Appeals, Sixth...more

Vedder Price

Global Transportation Finance Newsletter - June 2017

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So, what is LIBOR? LIBOR—the London Interbank Offered Rate—is one of the most ubiquitous benchmarks for determining short-term interest rates in bank (and other) lending. LIBOR rates are short-term fixed rates quoted for...more

Kramer Levin Naftalis & Frankel LLP

Debt Dialogue: March 2017

Kramer Levin’s Debt Dialogue addresses recent developments and recurring issues that debt-focused investors commonly encounter in connection with enforcement of rights, interpretation of documentation and other relevant...more

Polsinelli

Lender's Edge Newsletter: December 2016

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Enforcement of a Commercial Loan After the Property Securing the Loan is Sold or Transferred - Enforcement of due-on-sale clauses started growing in popularity in the 1970s as a result of instability in the economy and...more

Davis Wright Tremaine LLP

Ninth Circuit Narrowly Construes “Insiders” and, in Controversial Decision, Declines to Reverse Bankruptcy Appellate Panel

To cram-down a chapter 11 plan on non-accepting classes, at least one impaired class must accept the plan, not counting the votes of insiders. In what is likely to be a controversial opinion, the Ninth Circuit Court of...more

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