Junior creditors, whose ranks often were filled by activist investors, creatively used the cram down provisions of the Bankruptcy Code to force nonconsensual restructurings on senior lenders.
The Fifth Circuit rendered the first ever court of appeals decision dealing with chapter 15.
Perhaps, the most important development of all, however, was not a decision by any court, but rather an act of Congress.
2010 Bankruptcy Law: The Year in Review 1 Dodd-Frank and the Creation of an Orderly Liquidation Authority New federal receivership powers created under the Orderly Liquidation Authority for dealing with failures of systemically important financial companies.
On July 21, President Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Dodd-Frank Act ), heralded as the most significant new financial regulation since the Great Depression. The framework includes a new federal receivership procedure, entitled the orderly liquidation authority (the OLA ), for significant, interconnected non-bank financial businesses whose unmanaged collapse could jeopardize the national economy.
Title II of the Dodd- Frank Act creates a framework to govern the potential downfall of U. The OLA, with the FDIC as receiver, will form part of a new regulatory framework intended to improve economic stability, mitigate systemic risk, and end the practice of taxpayer-financed bailouts.
cash in, change into cash, change into money, conclude, distribute assets, exchange for money, finish, realize in cash, redeem, sell, sell assets, terminate, terminate business affairs, turn into money adjust, ascertain liability, ascertain the amount of indebtedness, ascertain the balance due, assemble and apportion assets, cancel debts, determine the amount of indebtedness, discharge, discharge a liability, discharge debts, dispose of, extinguish indebtedness, make restitution, meet payments, pay, pay and settle, pay debts, satisfy, settle, settle accounts with the debtors and creditors To pay and settle the amount of a debt; to convert assets to cash; to aggregate the assets of an insolvent enterprise and calculate its liabilities in order to settle with the debtors and the creditors and apportion the remaining assets, if any, among the stockholders or owners of the corporation.
To pay and settle the amount of a debt; to convert assets to cash; to aggregate the assets of an insolvent enterprise and calculate its liabilities in order to settle with the debtors and the creditors and apportion the remaining assets, if any, among the stockholders or owners of the corporation.