Bankruptcy Blogs

The Daily Docket: Ocala Renews Bid to Probe Freddie Over Taylor Bean Fraud

10/22/12

A former Taylor Bean and Whitaker Corp. subsidiary is renewing its bid to probe whether Freddie Mac “aided and abetted” the multibillion-dollar bank fraud at the failed mortgage lender. Read the Daily Bankruptcy Review article here.

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Who'll Pay for Free Consumer Checking? Merchants, Again

10/22/12

Amex's Bluebird card account, exempt from Durbin and assertedly from bank regulation, is likely to generate high interchange. Consumers, banks and Amex won't pay for these checking accounts. Merchants (excepting Walmart) will.

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Greg Smith's Book Tells All About Greg Smith, Less About Goldman; RBS Still Needs to Slim Down

10/22/12

Receiving Wide Coverage ...

Did Greg Smith Do Goldman a Favor?: More news outlets are echoing Dealbook's assessment of former trader Greg Smith's purported tell-all "Why I Left Goldman Sachs: A Wall Street Story" by stating that the book, due out today, isn't much of a tell-all at all. The FT says while Smith's account "paints an unflattering picture" of the investment firm, it doesn't "contain any blockbuster discoveries that could to lead to trouble for...

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A Closer Look at the Satcon Technology Bankruptcy

10/21/12

On October 17, 2012, Satcon Technology Corporation and various of its subsidiaries (collectively, "Satcon") filed chapter 11 petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware.  Satcon's subsidiaries include Satcon Power Systems, Inc., Satcon Electronics, Inc., Satcon Power Systems, LLC, Satcon International and Satcon Technology.  As stated in Satcon's Declaration filed with the Delaware Bankruptcy Court (the "Decl."), Satcon provides "utility-grade power conversion s

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Bankruptcy Reform Passes Seven Year Milestone

10/21/12

We just passed the seven year anniversary for bankruptcy reform.  It is hard to believe that October 17 made for the seventh year since reform.  Most bankruptcy professionals would agree that reform has been a disaster.  There is such a greater cost and burden to a debtor who is simply trying to avail himself of a fresh start.  Adding insult to injury is the consumer protection element that has caused for strict scrutiny of reaffirmation agreement; unless your lender is a credit union, of course.  In that case, there is zero consumer protection.  That is unfortunately how the law is laid ou

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Bankruptcy Reform Passes Seven Year Milestone

10/21/12

We just passed the seven year anniversary for bankruptcy reform.  It is hard to believe that October 17 made for the seventh year since reform.  Most bankruptcy professionals would agree that reform has been a disaster.  There is such a greater cost and burden to a debtor who is simply trying to avail himself of a fresh start.  Adding insult to injury is the consumer protection element that has caused for strict scrutiny of reaffirmation agreement; unless your lender is a credit union, of course.  In that case, there is zero consumer protection.  That is unfortunately how the law is laid ou

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Ad Hocracy

10/21/12

A storyline in the AMR bankruptcy is exposing how confusing it's becoming (at least to me) to keep track of negotiating groups in chapter 11.  (Here's a good recent story from WSJ.)  Gone are the days of the simple Creditors Committee.  Now we have Ad Hoc groups of bondholders.  While there was some initial dust-up about disclosure requirements when these sorts of groups emerged, that's settled somewhat.  What I am now baffled about is the Ad

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Bankruptcy Trustee Of Swoozie's Sues Founder & CEO For Breach Of Fiduciary Duty & Corporate Waste

10/20/12

Previous articles have discussed the fiduciary duties of officers and directors of companies in financial trouble (see articles here and here).

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