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Lehman Agrees to Sell More Claims Against Brokerage Unit

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Lehman Brothers Holdings Inc. is selling more of the claims against its defunct brokerage, as part of a continuing strategy to quickly recover money that will go to its creditors, Dow Jones Daily Bankruptcy Review reported today. Lehman said on Friday that it will sell an additional $1.06 billion of its general unsecured claims against the brokerage unit, Lehman Brothers Inc., which is being unwound by trustee James W. Giddens.

Analysis Money Market Fund Overhaul Is Early Test for Dodd-Frank

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Efforts to overhaul money market funds have posed not just a challenge to the Securities and Exchange Commission, which will finally vote on an overhaul package on June 5, but also to its new overseer, the supercommittee of agencies known as the Financial Stability Oversight Council (FSOC), the New York Times DealBook blog reported on Friday. A lot of blame for the depth of the financial panic in September 2008 can reasonably be laid at the door of the money market funds, according to the analysis. The collapse of the Reserve Primary Fund – it broke the buck, which money market funds were designed and regulated to never do, on Sept. 16 of that year – led to the collapse of the entire asset class. Because money market funds were large purchasers of the commercial paper corporate America uses to finance its operations, that market ground to a halt as well. The Financial Stability Oversight Council has the power, under Section 120 of Dodd-Frank, to review and make recommendations related to a member agency’s regulation of a systemically significant sector of the financial system.

Shares in CIT Jump as Lender Exits Regulatory Curbs Imposed in 2009

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Shares in CIT Group Inc., the business lender run by John Thain, jumped 5.4 percent after reporting that regulatory curbs imposed in 2009 while the firm struggled to survive have been lifted, Bloomberg News reported yesterday. CIT received notice from the Federal Reserve Bank of New York that a written agreement dated Aug. 12, 2009 was terminated, according to a statement today from the company. Bad loans including subprime mortgages led New York-based CIT to take $2.33 billion from the Treasury’s bank rescue fund and then file for bankruptcy. Thain, who joined the company after its troubles began, led CIT with a plan that reduced the lender’s bad credits and high cost of funds, but the bailout wasn’t repaid. CIT’s 2009 agreement with the Fed required the company to seek the regulator’s approval for issuing dividends or incurring new debt. CIT also pledged to provide periodic updates focusing on cash and funding.

Mortgage-Relief Plan Is Extended

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ABI Bankruptcy Brief | May 30 2013


 


  

May 30, 2013

 

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  NEWS AND ANALYSIS   

MORTGAGE-RELIEF PLAN IS EXTENDED



The Obama administration announced today that its signature consumer-mortgage modification initiative, due to expire at the end of the year, will be extended for two more years, the Wall Street Journal reported today. Senior administration officials said yesterday that, despite a growing housing-market recovery, it did not make sense to dismantle the Home Affordable Modification Program (HAMP) given the real estate bust's lingering damage. About 1.1 million borrowers were still in some stage of foreclosure at the end of April, according to a report released yesterday by CoreLogic, and banks have been completing nearly 52,000 foreclosures a month. Read more. (Subscription required.)

REALTYTRAC: FORECLOSURE SALES TUMBLE IN FIRST QUARTER



Sales of U.S. homes in foreclosure fell in the first quarter, a report from RealtyTrac showed today, the latest data to suggest that the housing market is on the mend, Reuters reported. There were 190,121 properties sold that were in the foreclosure process or already seized by lenders, down 18 percent from the last quarter of 2012 and a 22 percent decrease from the first quarter the year before. That accounted for 21 percent of all home sales, down from 25 percent in the first quarter of 2012. It was also well off the peak of 45 percent seen during the first quarter of 2009 as the housing market was still reeling from its collapse and the global financial crisis. Read more.

U.S. TRUSTEE PROGRAM REPORT SHOWS EFFORTS CONTINUE TO REIN IN EXECUTIVE BONUSES IN BANKRUPTCY



In a self-generated report card, the U.S. Trustee Program said that it has made significant accomplishments in many areas of monitoring the bankruptcy system and expects that its efforts will continue to rein in executive bonuses in bankruptcy, the Wall Street Journal reported yesterday. According to the U.S. Trustee Program, the executive bonus plans that many companies are putting forth for court approval today aren’t true incentives. Instead, trustees argue, the bonus plans set easily achievable goals, making them disguised—and illegal—retention payments. One focus of the program has been to crack down on the bonuses that companies in chapter 11 seek to pay to their executives while other obligations go unpaid—an effort in which trustees have a 66.7 percent success rate, according to a recently filed annual report. The report showed that U.S. Trustees earned better grades for their role objecting to professional fees (94.7 percent success rate), bringing motions to appoint an independent trustee or examiner (90.3 percent), asking that a chapter 11 case be dismissed or converted to a chapter 7 liquidation (97.9 percent) and chapter 11 plan objections (95.3 percent). Read more.

Click here to read the annual report.

DETROIT SURVIVAL DEPENDS ON SPEED OF DESTRUCTION, ACCORDING TO HOMEBUILDER



Homebuilder William Pulte says that the only way to truly save Detroit and get the housing market functioning properly again is to destroy large swaths of the city as quickly as possible, Bloomberg News reported today. Pulte, a scion of the family that created PulteGroup Inc., the largest U.S. homebuilder by revenue, has already knocked down 10 blocks in Detroit’s Southeast section of the city as part of the nonprofit Detroit Blight Authority program, which Pulte co-created with Detroit Mayor David Bing. It’s a preview of the effort he says is needed to get ahead of the metal strippers and arsonists devastating the city’s property values. Housing markets in Detroit and other rustbelt cities such as Cleveland and Buffalo are hampered by decaying, vacant homes, even as sales of existing homes hover around a three-year high nationally. In addition, pilfering of vacant units in urban areas cut the number of U.S. homes with complete plumbing by about 10.4 percent from 2008 to 2011, according to U.S. Census data compiled by Bloomberg, including 66,722 such homes in Detroit alone. Read more.

FITCH: U.S. STATES' RECOVERY TO REMAIN SLOW, STEADY



Fitch Ratings released a report yesterday stating that the economic recovery will continue at a slow pace in fiscal 2014 for most U.S. states, with federal budget deals and health care reforms creating uncertainty in many budgets, Reuters reported yesterday. For most states, the new fiscal year starts July 1 and legislators and governors are putting the final touches on their budgets. Fitch found that the automatic federal spending cuts that began on March 1, known as "sequestration," have had a limited effect on states' economies and finances. According to a report released yesterday by the Economic Policy Institute (EPI), a liberal-leaning think tank, states will lose out on $5.1 billion in grants this federal fiscal year, which ends in September, under sequestration. In recent years, they have received more than $600 billion in federal grants, according to EPI. Read more.

NEW ABI "BANKRUPTCY IN DEPTH" ON-DEMAND CLE PROGRAM LOOKS AT PRINCIPLES OF PROPERTY OF THE ESTATE: DEMYSTIFYING EQUITABLE INTERESTS



In this 90-minute seminar, Profs. Andrew Kull of Boston University School of Law and Scott Pryor of Regent University School of Law provide an in-depth analysis of a legal principle that has become, in their words, "a long-lost area of the law": § 541 of the Bankruptcy Code. Seeking to demystify what is meant by "property of the estate" and, in particular, the distinction between legal or equitable interests of the debtor in property, Kull and Pryor describe the legal entanglements that ensue when legal title belongs to one person but the equitable title belongs to someone else. The cost of the seminar, which includes written materials and qualifies for 1.5 hours of CLE, is $95. To order or to learn more, click here.

ASSOCIATES: ABI'S NUTS & BOLTS ONLINE PROGRAMS HELP YOU HONE YOUR SKILLS WHILE SAVING ON CLE!



Associates looking to sharpen their bankruptcy knowledge should take advantage of ABI's special offer of combining general, business or consumer Nuts & Bolts online programs. Each program features an outstanding faculty of judges and practitioners explaining the fundamentals of bankruptcy, offering procedures and strategies tailored for both consumer and business attorneys. Click here to get the CLE you need at a great low price!

ABI GOLF TOUR UNDERWAY; NEXT STOP IS CENTRAL STATES BANKRUPTCY WORKSHOP IN JUNE



Rob Schwartz and Scott Gautier are tied at 34 Stableford Points atop the closely bunched leaderboard after the ABI Golf Tour's first stop at Lake Presidential Golf Club. Next up for the Tour is the famed Bear course at the Grand Traverse Resort at the Central States Bankruptcy Workshop on June 14. Final scoring to win the Great American Cup—sponsored by Great American Group—is based on your top three scores at seven scheduled ABI events, so play as many as you can before the tour wraps up at the Winter Leadership Conference in December. See the Tour page for details and course descriptions. The ABI Golf Tour combines networking with fun competition, as golfers "play their own ball." Including your handicap means everyone has an equal chance to compete for the glory of being crowned ABI's top golfer of 2013! There's no charge to register or participate in the Tour, and women are most welcome.

ABI IN-DEPTH

NEW CASE SUMMARY ON VOLO: THE MAJESTIC STAR CASINO LLC V. BARDEN DEVELOPMENT INC. (IN RE THE MAJESTIC STAR CASION LLC; 3D CIR.)



Summarized by John Eggum of Foran Glennon Palandech Ponzi & Rudloff

The Third Circuit ruled that the debtor lacked standing to challenge the nondebtor parent/shareholder's revocation of an election to S Corp status. Rejecting cases from other circuits, the Third Circuit found that S Corp status is not a property interest. Alternatively, even if S Corp status were a property interest, S Corp status is not an interest of the debtor entity because the right to revoke S Corp status belongs to the shareholder parent.

There are nearly 900 appellate opinions summarized on Volo, and summaries typically appear within 24 hours of the ruling. Click here regularly to view the latest case summaries on ABI’s Volo website.

NEW ON ABI’S BANKRUPTCY BLOG EXCHANGE: WORKERS’ COMPENSATION BENEFITS IN BANKRUPTCY

The Bankruptcy Blog Exchange is a free ABI service that tracks 35 bankruptcy-related blogs. A recent blog post looks at case law and issues surrounding workers’ compensation benefits in bankruptcy.

Be sure to check the site several times each day; any time a contributing blog posts a new story, a link to the story will appear on the top. If you have a blog that deals with bankruptcy, or know of a good blog that should be part of the Bankruptcy Exchange, please contact the ABI Web team.

ABI Quick Poll

Bankruptcy courts should implement constructive trusts in any case where applicable state law would recognize them.

Click here to vote on this week's Quick Poll. Click here to view the results of previous Quick Polls.

INSOL INTERNATIONAL



INSOL International is a worldwide federation of national associations for accountants and lawyers who specialize in turnaround and insolvency. There are currently 37 member associations worldwide with more than 9,000 professionals participating as members of INSOL International. As a member association of INSOL, ABI's members receive a discounted subscription rate. See ABI's enrollment page for details.

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June 7, 2013

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CSBW 2013

June 13-16, 2013

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INSOL’s Latin American Regional Seminar in São Paulo, Brazil

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  CALENDAR OF EVENTS
 

2013

June

- Memphis Consumer Bankruptcy Conference

     June 7, 2013 | Memphis, Tenn.

- Central States Bankruptcy Workshop

     June 13-16, 2013 | Grand Traverse, Mich.

- INSOL’s Latin American Regional Seminar

     June 13, 2013 | São Paulo, Brazil

- Charity Golf Tournament

     June 14, 2013 | City of Industry, Calif.

July

- Northeast Bankruptcy Conference and Northeast Consumer Forum

     July 11-14, 2013 | Newport, R.I.

- Southeast Bankruptcy Workshop

     July 18-21, 2013 | Amelia Island, Fla.

August

- Mid-Atlantic Bankruptcy Workshop

    August 8-10, 2013 | Hershey, Pa.

- Southwest Bankruptcy Conference

    August 22-24, 2013 | Incline Village, Nev.


  


September

- ABI Endowment Golf & Tennis Outing

    Sept. 10, 2013 | Maplewood, N.J.

- ABI Endowment Baseball Game

    Sept. 12, 2013 | Baltimore, Md.

- Bankruptcy 2013: Views from the Bench

    Sept. 27, 2013 | Washington, D.C.

October

- Midwestern Bankruptcy Institute Program and Midwestern Consumer Forum

    Oct. 4, 2013 | Kansas City, Mo.

- ABI Endowment Football Game

    Oct. 6, 2013 | Miami, Fla.

December

- ABI/St. John’s Bankruptcy Mediation Training

    Dec. 8-12, 2013 | New York


 
 

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Lehman Barclays Battle over 2008 Sale Goes Before Appeals Panel

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Lehman Brothers' defunct brokerage told an appeals court yesterday that it was entitled to billions of dollars in cash it says was wrongly included in its 2008 sale to Barclays Plc, Reuters reported yesterday. The arguments in federal appeals court in New York renewed a court battle with huge implications for the brokerage's creditors, including Lehman affiliates and hedge funds. The dispute has its roots in the hectic sale of the brokerage's assets to Barclays in the days following the $639 billion bankruptcy of parent company Lehman Brothers Holdings Inc. in September of 2008. The brokerage contends the $250 million deal did not include the brokerage's cash assets. But Barclays says otherwise, relying on a clarification letter signed after the deal was approved.

Blankfein Leads Bank CEO Pay With 26 Million

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Goldman Sachs Chief Executive Officer Lloyd Blankfein was awarded $26 million for his work last year, lifting him to No. 1 in the Bloomberg Markets ranking of the best-paid CEOs at North America’s 20 largest financial companies by customer deposits. John Stumpf, who led Wells Fargo & Co. to a record profit of $18.9 billion, was second at $19.3 million, according to Bloomberg. The pay of the 20 chiefs increased an average of 7.7 percent for 2012 compared with a year earlier, according to data compiled by Bloomberg. The tally is based on salaries, stock, bonuses and long-term incentive pay awarded to the CEOs for 2012.

S&P Asks Judges Panel to Send States Rating Cases to NY

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McGraw Hill Financial Inc. and Standard & Poor’s are asking a panel of judges to pack up 15 state lawsuits in which they’re accused of inflating securities ratings and ship them to New York where the companies are based, Bloomberg News reported today. Lawyers for S&P and its corporate parent are scheduled to argue for the transfer today before the Judicial Panel on Multidistrict Litigation at a hearing in federal court in Louisville, Ky. Most of the states sued in February in conjunction with a U.S. complaint filed in Los Angeles federal court that alleges S&P downplayed risks associated with the mortgage-backed securities to increase its revenue and market share.

Regulators Probing Banks Debt Collection Practices

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Federal regulators are widening an investigation into whether the nation’s biggest banks used flawed documents and incomplete records to collect on delinquent credit card debts, the Washington Post reported today. The scope of the inquiry is unclear, but those familiar with it say that the Office of the Comptroller of the Currency is expanding a probe that began in 2011 with allegations that JPMorgan Chase was using error-filled documents in lawsuits against debtors. The regulatory agency is examining the process several banks use to verify consumers’ outstanding debt before taking legal action. Regulators began examining the debt collection practices of JPMorgan in 2011 after a former bank employee, Linda Almonte, said nearly 23,000 delinquent accounts were riddled with inaccuracies. Almonte, who sued JPMorgan for wrongful termination, claimed she was fired after warning her supervisors about the records. The Almonte case, which was settled out of court, raised concerns among regulators that the same sorts of haphazard practices that plagued the foreclosure process might have crept into debt collection.

U.S. Alleges 6 Billion Money-Laundering Operation

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Federal prosecutors have filed criminal charges against seven men who allegedly set up an Internet-based currency and used it to launder $6 billion in criminal proceeds, a sign of growing concern among law enforcement about digital cash, the Wall Street Journal reported today. Federal prosecutors have accused digital-currency company Liberty Reserve and its founder of running a $6 billion money-laundering operation that became a “bank of choice for the criminal underworld.” The case comes just months after officials warned that digital currency exchanges should follow traditional anti-money-laundering rules and less than two weeks after the Department of Homeland Security froze an account tied to one of the larger exchanges that handle trading in the fledgling digital currency bitcoin.

Citigroup Settles U.S. Suit over 3.5 Billion in Mortgage Securities

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Citigroup Inc. has reached a settlement with a federal agency that had accused the bank of misleading Fannie Mae and Freddie Mac into buying $3.5 billion of mortgage-backed securities, Reuters reported yesterday. The settlement with the Federal Housing Finance Agency was disclosed in a filing yesterday in U.S. District Court in Manhattan, where a series of related cases by the agency against Wall Street banks are pending. The filing did not disclose the terms of the deal. FHFA representatives said that the settlement was "satisfactory" but declined to say how much Citi would pay. The accord marks the second so far out of 18 securities fraud cases the FHFA filed against banks in 2011 over more than $200 billion in mortgage-backed securities sold to Fannie and Freddie. The FHFA settled a separate lawsuit in January, in which it had accused General Electric Co. of misleading Freddie Mac into buying $549 million worth of securities. Terms of that deal were also confidential.