LSTA filed this amicus brief with the US Court of Appeals for the 2nd Circuit (the “2nd Circuit”) in the “mistaken payment” case involving Citibank and several institutional lenders....
The LSTA joined an amicus brief in a Colorado case that is considering the question, “can a loan validly originated become invalid because it is subsequently sold or assigned to another party?” Until very recently, the answer to that questions was emphatically no. The case in which the LSTA, the Bank Policy Institute and the...
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....
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...
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....
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....
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....
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...
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....
The LSTA submitted an amicus brief to the United States Court of Appeals for the Third Circuit in In re W.R. Grace & Co. The issue addressed by the brief was the “absolute priority rule”, the bankruptcy rule that requires that a debtor’s creditors be paid in full before its stockholders recover anything....
The LSTA filed an amicus brief in CompuCredit Holdings Corporation v. Akanthos Capital Management, LLC, a case that raises the issue of whether collective action by creditors in pre-existing loans constitutes a per-se violation of the anti-trust laws....
The LSTA submitted an amicus brief to the US Supreme Court in the RadLAX Gateway Hotel case, arguing that secured creditors cannot be prevented from “credit bidding” in an auction of their collateral in a “cram down” plan of reorganization....
