News & Analysis as of

Receivership Securities and Exchange Commission (SEC)

Gray Reed

Federal Receiver Allowed to Abandon Texas Pipeline

Gray Reed on

Securities and Exchange Commission v. The Heartland Group Ventures LLC et al. explains what a receiver under federal law has the right to do. Much like Nick Saban’s offense against a certain team, she can do just about...more

Perkins Coie

Distressed Bank Update as of March 16, 2023

Perkins Coie on

In the three days since federal authorities announced sweeping measures to protect depositors of Silicon Valley Bank (SVB) and Signature Bank and help prevent additional bank failures (as discussed in our update of March 12,...more

Carlton Fields

Bar Orders Must Be Integral To Settlement in Order To Be Essential

Carlton Fields on

Bar orders have been a useful tool in resolving various types of litigation. These include claims against companies that are in bankruptcy or receivership....more

Kramer Levin Naftalis & Frankel LLP

Fifth Circuit Affirms Bar Orders in Receivership, Bars Creditors From Pursuing Claims Against Settling Defendants

In a 2-1 opinion dated July 22, 2019, the Fifth Circuit held that third parties who paid a receiver to settle estate claims against them are entitled to an order barring other creditors from suing the settling third parties...more

Snell & Wilmer

What Happens When a Secured Creditor Files a Late Claim in an Equity Receivership?

Snell & Wilmer on

Pitting a receivership court’s inherent equitable powers against pre-existing property rights can lead to some pretty interesting questions. In SEC v. Wells Fargo Bank, N.A., 848 F.3d 1339, 1343-44 (11th Cir. 2017), the...more

Lowndes

Lowndes Attorneys Obtain Favorable Rulings for Court-Appointed Receiver

Lowndes on

Orlando, FL–Lowndes, Drosdick, Doster, Kantor & Reed, P.A. is pleased to announce that shareholder, Richard Dellinger, and appellate attorney, Jennifer R. Dixon, prevailed in defending a client appointed to serve as a...more

Dechert LLP

SEC and FDIC Propose Dodd-Frank Broker-Dealer Resolution Rules

Dechert LLP on

Troubled financial institutions, some with substantial broker dealer operations, played a prominent role in the 2008 financial crisis. In an effort to protect the financial system from serious threats posed by significant...more

Dechert LLP

The Fifth Circuit Shifts the Risk of Doing Business with Fraudulent Enterprises to Trade Creditors

Dechert LLP on

When a debtor pays the market cost for goods and services provided to it by third-party vendors, these payments normally cannot be recovered as fraudulent transfers in the U.S. That is because the debtor receives reasonably...more

Foley & Lardner LLP

Seventh Circuit Warns Intervenors Not to Sleep on Their Rights

Foley & Lardner LLP on

It’s an ancient principle of equity, drawn from Roman law: Equity relieves the vigilant, not those who sleep upon their rights. And it sums up quite well the Seventh Circuit’s recent decision in SEC v. First Choice Management...more

Katten Muchin Rosenman LLP

Delaware Court of Chancery Appoints Receiver to Ensure Stockholders’ Meeting

The Delaware Court of Chancery recently determined that the appropriate remedy for a corporation’s failure to comply with court orders to hold a long overdue stockholders’ meeting was to appoint a receiver with authority to...more

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