Searching Content indexed under Insolvency/Bankruptcy/Re-structuring by Cadwalader, Wickersham & Taft LLP ordered by Published Date Descending.
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The Same, Only Better: Eighth Circuit Affirms Peabody Chapter 11 Plan Backstopped Rights Offering Despite Alleged Disparate Creditor Treatment Under Peabody Plan
On August 9, 2019, in a unanimous decision (written by a former bankruptcy judge), the Eighth Circuit Court of Appeals affirmed the confirmation of the Peabody Energy Chapter 11 plan ("Plan")1
United States
12 Sep 2019
FTC Reminds Market Participants Of Interlocking Prohibitions During Restructurings Or Acquisitions
The FTC reminded market participants to ensure that persons do not serve as officers or directors of competing companies during restructurings or acquisitions.
United States
11 Jul 2019
SEC And CFTC Intend To Explore Portfolio Margining
SEC Chair Jay Clayton and CFTC Chair J. Christopher Giancarlo stated their intention to explore whether portfolio margining would be an area where SEC-CFTC "harmonization" would be beneficial.
United States
11 Jul 2019
Third Circuit Affirms Rulings That Distributions To TCEH First Lien Creditors Are Governed By The Bankruptcy Code Rather Than Intercreditor Agreement Waterfall Provision On Enforcement Of Collateral Remedies
On June 19, 2019, the United States Court of Appeals for the Third Circuit (the "Third Circuit") affirmed a ruling of the United States District Court for the District of Delaware
United States
5 Jul 2019
Trademark Licensees' Rights Survive Bankruptcy Rejection
On May 20, 2019, the United States Supreme Court resolved one of the most important outstanding issues at the intersection of bankruptcy and intellectual property law, namely whether,
United States
17 Jun 2019
Cadwalader Attorneys Review Supreme Court Ruling On Trademark Licensees' Rights
The U.S. Supreme Court recently resolved whether, pursuant to Section 365 of the Bankruptcy Code, a debtor-licensor's rejection of a trademark license terminates rights of the licensee...
United States
11 Jun 2019
The District Court In Tribune Circumscribes Merit And Maintains Section 546(E) Safe Harbor Protection For Shareholders In The Wake Of A Failed LBO
Last year, the Supreme Court issued its decision in Merit,1 unanimously ruling that a buyout transaction between private parties did not qualify for "safe harbor" ...
United States
4 Jun 2019
Federal Register: FDIC Seeks Feedback On Improving Resolution Planning
An FDIC request for feedback on improving an agency rule that mandates certain insured depository institutions ("IDIs") to submit resolution plans (the "Plan Rule")
United States
8 May 2019
FDIC Seeks Feedback On Improving Resolution Planning
In an advance notice of proposed rulemaking ("ANPR"), the FDIC requested feedback on improvements to agency rules that require certain insured depository institutions ("IDIs")
United States
3 May 2019
Cadwalader Attorneys Review Lender's Claim For Prepayment Premium
On March 18, 2019, the U.S. Bankruptcy Court of the Southern District of New York enforced a mortgage lender's claim for a prepayment premium ...
United States
15 Apr 2019
Filling An Enforcement "Make-Whole": Bankruptcy Court Enforces Prepayment Premium Notwithstanding Prepetition Loan Acceleration
On March 18, 2019, Judge Stuart M. Bernstein of the United States Bankruptcy Court for the Southern District of New York issued a decision enforcing a mortgage lender's claim ...
United States
10 Apr 2019
EU To Require Insolvency Opinions In Relation To U.S. Sub-Custodians Under The EU AIFMD Regime
From April 2020 depositaries under the EU Alternative Investment Fund Managers Directive[1] ("AIFMD") ...
United States
14 Feb 2019
Regulators Identify Shortcomings In Banks' Resolution Plans, Adopt Further Guidance
The FDIC and Federal Reserve Board (collectively, the "agencies") found that the resolution plans (the "plans") of four foreign-based banks had "shortcomings"
United States
4 Jan 2019
District Court Holds That Receipt Of Reorganized Stock Did Not Violate Turnover And Standstill Provisions In Intercreditor Agreement
On November 30, 2018, Judge Nelson S. Román of the United States District Court for the Southern District of New York issued a decision affirming the dismissal of certain claims brought by senior secured creditors.
United States
3 Jan 2019
FDIC To Remove And Modify Regulations On Fiduciary And Trust Powers
The FDIC adopted a final rule that will rescind regulations concerning the fiduciary powers of state savings associations and amend regulations regarding consent requirements for the exercise...
United States
30 Nov 2018
SDNY Dismisses Involuntary Bankruptcy Petition Against Non-Recourse Vehicle
On November 8, 2018, the U.S. Bankruptcy Court for the Southern District of New York dismissed an involuntary petition filed against Taberna Preferred Funding IV, Ltd.
United States
29 Nov 2018
Dismissal Of Involuntary Bankruptcy Petition Against Taberna CDO Is Win For Securitization Industry
On November 8, 2018, Judge Vyskocil of the U.S. Bankruptcy Court for the Southern District of New York issued a decision dismissing the involuntary petition that had been filed against Taberna...
United States
23 Nov 2018
Treasury Extends Compliance Dates For Certain QFC Recordkeeping Requirements
The Secretary of the U.S. Treasury Department ("Treasury"), as Chair of the Financial Stability Oversight Council and in consultation with the FDIC ...
United States
26 Apr 2018
Treasury Recommends OLA And Bankruptcy Reforms
The U.S. Department of the Treasury ("Treasury") published a report pursuant to President Donald J. Trump's memorandum directing Treasury to evaluate the Orderly Liquidation Authority ("OLA") and propose reforms.
United States
27 Feb 2018
FDIC Chair Urges Continued Vigilance In Resolution Planning
FDIC Chair Martin Gruenberg described progress in the resolution-planning process for systemically important financial institutions ("SIFIs").
United States
23 Feb 2018
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