Financial Institutions and Broker-Dealer/Securities

Our bankruptcy lawyers regularly partner with lawyers in our highly regarded financial services and securities regulatory practices, including lawyers who have held senior positions at the Office of the Comptroller of the Currency, the Department of the Treasury, the Securities and Exchange Commission, and the Commodity Futures Trading Commission.

We counsel banks and other financial institutions, officers and directors of such institutions, and investors in, and creditors of, such institutions, on issues that arise when banks (or bank holding companies) and other financial institutions encounter bankruptcy, insolvency, or receivership situations.

We represent parties in SIPA proceedings and broker-dealer insolvency situations, including broker-dealers, officers and directors, institutional lenders, creditors, customers, and derivatives and other transaction counterparties. We also advise non-US exchanges and clearing houses on the bankruptcy implications of their US activities.

Our firm's substantial experience in addressing issues at the intersection of bankruptcy law and securities and financial services regulation, and our market knowledge, enable us to provide efficient and effective representation in these matters.

Experience Highlights

  • Two Wholly Owned Bank Subsidiaries of Lehman Brothers Holdings Inc. in bankruptcy and regulatory issues arising from the Chapter 11 cases and SIPA proceeding.
  • US Regulatory Agency in takeover of Fannie Mae and Freddie Mac and in various litigations and bankruptcy proceedings.
  • Swap Counterparties in the Lehman Brothers Chapter 11 cases.
  • Lessor of six facilities in Marathon Healthcare bankruptcy in the District of Connecticut and subsequent receivership proceeding.
  • Large US Bank regarding claims in FDIC receivership and Chapter 11 bankruptcy cases of Washington Mutual.
  • South American Bank regarding substantial debt claims, guarantee claims and derivatives contract claims in Lehman Brothers Chapter 11 cases and Lehman Brothers International (Europe).
  • Investment Bank and Wholly Owned Industrial Loan Company regarding rights in borrower collateral upon bankruptcy in connection with development of secured loan program.
  • One of the Largest Securities Customers in the Refco Chapter 11 reorganization.
  • Creditors' Committee in a successful Chapter 11 reorganization of CRIIMI MAE Inc., the country's largest acquirer of subordinated tranches of commercial mortgage-backed securities.
  • Canadian Commodity Exchange regarding bankruptcy risks of US activities.
  • Board of Directors of Large Corporate Debtor regarding fiduciary duties to shareholders, creditors and other constituencies, including wholly-owned bank subsidiary, in anticipation of Chapter 11 proceedings and obligations during the pendency of such proceedings.
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