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Amicus briefs

LSTA regularly submits these “friend of the court” briefs to legal proceedings in order to formally present information or arguments on behalf of corporate lending interests. The briefs are intended to have an impact on legal decisions and precedents that impact our members and industry.

LIBOR Antitrust Opinion
It’s an order re Motions to Dismiss and Stay for Lisa McCarthy v. ICE...
  • Policy & Advocacy, Amicus briefs
Kirschner v. JPMorgan
The LSTA (joined by the Bank Policy Institute) filed the amicus brief in a case brought by a litigation trust that arose from the Millennium bankruptcy....
  • Policy & Advocacy, Amicus briefs
Amicus Brief – Marlette
The LSTA joined The Clearing House and the American Bankers Association to file amicus brief in a case initiated by the State of Colorado against marketplace lender Marlette...
  • Policy & Advocacy, Amicus briefs
Amicus Brief – Avant
The LSTA joined The Clearing House and the American Bankers Association to file amicus brief in a case initiated by the State of Colorado against marketplace lender Avant...
  • Policy & Advocacy, Amicus briefs
Letter to Foster Economic Growth
On March 20th, Senate Banking Chairman Mike Crapo (R-ID) and Ranking Member Sherrod Brown (D-OH) issued a public request for legislative proposals to foster economic growth. Responses, which had to be substantive, explain the impact on the economy and consumers, and include legislative language, were due on April 14th. Responding to the request, the LSTA...
  • Policy & Advocacy, Amicus briefs
In re Jevic
On Friday, September 2nd, the LSTA filed an amicus brief with the Supreme Court of the United States in In re Jevic urging the court to overturn the use of structured dismissals that violate the absolute priority rule, a foundational tenant of the bankruptcy code. This case will determine whether Chapter 11 of the Bankruptcy...
  • Policy & Advocacy, Amicus briefs
Marblegate Asset Management v. Education Management Corp. (“Marblegate II”)
On September 16th, the LSTA filed an amicus brief in connection with an appeal to the U.S. Court of Appeals for the 2nd Circuit of a recent case decided in the Southern District of New York which could have important consequences for the market for distressed debt. In Marblegate Asset Management v. Education Management Corp....
  • Policy & Advocacy, Amicus briefs
Re MPM Silicones L.L.C. Brief for Amici Curiae
LSTA filed this amicus brief: should a market rate of interest be applied in Chapter 11 cases where there exists an efficient market or should courts rely on a “formula” rate such as a risk-free base rate plus a credit spread?...
  • Policy & Advocacy, Amicus briefs
Stonehill Capital v. Bank of the West
The LSTA filed an amicus brief requesting that the Court of Appeals, NY State's highest court, agree to hear an appeal of a case, Stonehill Capital v. Bank of the West, which presents two questions of utmost importance to the loan market....
  • Policy & Advocacy, Amicus briefs
LSTA Files Amicus Brief For The 2nd Circuit in Support of Rehearing En Banc
The Loan Syndications and Trading Association and The Clearing House Association L.L.C. request leave to file a brief as amici curiae in support of JPMorgan's pending petition for rehearing en banc....
  • Policy & Advocacy, Amicus briefs
LSTA Files Amicus Brief with U.S. Supreme Court Over Holders of Mortgages in Bankruptcy
LSTA, joined by the American Bankers Association, the Securities Industry and Financial Markets Association and the Clearing House Association, filed with the Supreme Court of the United States an amicus brief in support of the proposition that a bankruptcy court cannot compel the holder of a mortgage to relinquish property to a debtor, free of...
  • Policy & Advocacy, Amicus briefs
Bank of America v. Caulkett
The LSTA, joined by the Clearing House and the American Bankers Association, filed an amicus brief in support of a petition to the U.S. Supreme Court for a writ of certiorari (seeking review of a case) in Bank of America v. Caulkett that could have important ramifications for secured lenders....
  • Policy & Advocacy, Amicus briefs
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