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|Italian Bankruptcy Law Reform Emphasizes Flexibility for Borrowers, Active Role for Creditors|
Francesco Squerzoni; Jones Day;
August 26, 2015, previously published on August 2015During the last few years, the section of Royal Decree No. 267 of March 16, 1942 (the "Italian Bankruptcy Law") dedicated to pre-insolvency proceedings has been reformed extensively by the Italian legislature. The purpose of the reform is to provide distressed Italian entities with a more...
|Good News for Secured Creditors and Commercial Lessors in Chapter 13 Cases|
Jason W. Johnson; Lowndes, Drosdick, Doster, Kantor & Reed Professional Association;
August 26, 2015, previously published on August 25, 2015A new administrative order was entered by Chief Judge Jennemann in the Middle District of Florida on August 10. The Middle District of Florida stretches from Jacksonville on the east coast, through Central Florida and down the west coast through Fort Myers. The new procedures affect all Chapter 13...
|The SemCrude Bankruptcy: Commodity Traders Prevail Against Related Fraud and U.C.C. Claims|
Cheryl I. Aaron, Travis Cole McCullough, Mark D. Sherrill; Sutherland Asbill & Brennan LLP;
August 25, 2015, previously published on August 24, 2015In 2008, SemCrude, L.P. and related entities (collectively, SemCrude or the Debtors) filed voluntary petitions for relief under Chapter 11 of the U.S. Bankruptcy Code. In connection with the SemCrude bankruptcy, a dispute arose between dozens of oil producers (the Producers) that sold oil to...
|The Consumer Financial Protection Bureau's Case against Citibank for Violations Relating to Credit Card Add-On Products|
Brooks F. Bossong; Nexsen Pruet, LLC;
August 25, 2015, previously published on August 25, 2015Today we’re taking a look at the CFPB’s recent enforcement case against Citibank, N.A. (“Citibank”) and two of Citibank’s subsidiaries, Department Stores National Bank (“DSNB”) and Citicorp Credit Services, Inc.
|Forbearance Agreements - When Can You Safely Walk Away From the Negotiation Table|
James J. Niemeier; McGrath North Mullin & Kratz, PC LLO;
August 24, 2015, previously published on Third Quarter 2015Lenders who find themselves with a troubled loan that requires modification and a formal workout agreement can end up spending several weeks negotiating terms of the final forbearance agreement that will govern the remainder of the parties’ lending relationship, or at least get them past the...
|Supreme Court Takes on Housing Discrimination|
Christopher A. Roach; Adams and Reese LLP;
August 20, 2015, previously published on August 17, 2015The U.S. Supreme Court recently ruled that certain actions that adversely affect minorities in poor neighborhoods violate the Fair Housing Act (FHA), even if there is no proof that discrimination was intentional. In a 5-4 decision, the Court formally recognized the availability of “disparate...
|Regulatory Review of In-Market Mergers|
Robert L. Carothers; Jones Walker LLP;
August 20, 2015, previously published on August 20, 2015 We have recently seen an increase in the number of conversations taking place between community banks located in the same market regarding whether it makes sense to pursue a merger. These conversations are being driven by various factors, including increasing compliance costs, lack of management...
|CMBS Loans: Borrower (and Bondholder) Beware|
Adam H. Friedman; Olshan Frome Wolosky LLP;
August 18, 2015, previously published on August 2015As discussed in our prior Client Alert, the CMBS loan structure is rife with complexity and potential for abuse. Generally speaking, upon default or imminent default, the Controlling Class of bondholders (or the Directing Certificate Holder), can appoint a Special Servicer to administer the...
|Pentagon Adopts Amendments of Military Lending Regulations|
Eric J. Dyas; Jones Walker LLP;
August 11, 2015, previously published on August 6, 2015Concluding a process initiated by the Pentagon in 2012, on July 22, the Department of Defense ("DOD") published in the Federal Register amendments to its regulations implementing the Military Lending Act ("MLA"). Background information concerning the adoption of these amendments...
|Next Decade LLC Enlists Financial Advisor|
Sutherland Asbill Brennan LLP;
August 6, 2015, previously published on August 5, 2015Next Decade LLC announced that it has engaged Sumitomo Mitsui Banking Corporation (SMBC) as Financial Advisor and Mandated Lead Arranger for its proposed Rio Grande LNG export terminal in Brownsville, Texas. According to the press release, SMBC, which has extensive experience in financing LNG...