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1
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
2
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
3
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
4
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
5
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
6
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
7
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
8
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
9
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
10
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
11
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
12
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
13
SFIG Files Brief Supporting Liquidation Of Securitization Vehicle
The Structured Finance Industry Group ("SFIG") submitted a proposed amicus brief to the SDNY Bankruptcy Court presiding over the involuntary chapter 11 petition pending against Taberna Preferred...
United States
19 Sep 2017
14
Federal Reserve Board Restricts QFC Cancellation Rights
The Board of Governors of the Federal Reserve System ("FRB") adopted a new rule (the "final rule") that requires U.S. global systemically important banking institutions ("GSIBs")...
United States
12 Sep 2017
15
OCC Fines Bank For Bankruptcy Filing Violations
The Office of the Comptroller of the Currency assessed a $15 million civil money penalty against the U.S. Bank National Association for violations of certain bankruptcy filing practices.
United States
5 May 2017
16
Domestic Banks Pass FDIC And FRB Resolution Plan Evaluations
The FDIC and the Board of Governors of the Federal Reserve System ("FRB") finished evaluating the 2015 resolution plans of sixteen domestic banks, and separately issued guidance to four foreign banks.
United States
5 Apr 2017
17
Trade Associations Comment On FDIC-Proposed Rules That Would Stay Default Rights In Certain Financial Contracts
The MFA recognized that the FDIC proposal is part of a series of actions that address the "too-big-too-fail" problem by improving the resolvability of systemically important U.S. banking...
United States
21 Dec 2016
18
Federal Register: FDIC Requests Comments On Proposal To Restrict Certain Qualified Financial Contracts
The Federal Deposit Insurance Corporation ("FDIC") requested comments on a proposal to subject certain systemically important bank entities to restrictions regarding the terms of their qualified financial contracts ("QFCs").
United States
10 Nov 2016
19
Federal Register: FDIC Adopts Revisions To Regulatory Capital Rules And Liquidity Coverage Ratio
The FDIC adopted a final rule concerning the regulatory capital and liquidity treatment of certain financial contracts.
United States
25 Oct 2016
20
U.S. And EU Officials To Continue Discussions On Cross-Border Resolution Planning
Senior U.S. and European officials will hold the second of their ongoing series of planned exercises intended to enhance coordination on cross-border resolution.
United States
14 Oct 2016
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