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In response to the global economic turmoil that began in late 2007, the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Act) introduced a broad array of regulatory reforms in the financial sector. This report focuses on the reforms in Title II of the Act, which are intended to mitigate risks posed by the failure of systemically important financial institutions. Title II directs the Administrative Office of the United States Courts (AOUSC) to study the resolution of these institutions and report on its findings. The AOUSC submitted its first four reports pursuant to 12 U.S.C. § 5382(e) on July 21, 2011 (First Report), July 17, 2012 (Second Report), July 19, 2013 (Third Report), and July 9, 2015 (Fourth Report). The AOUSC submits this report in compliance with the directive of section 5382(e). Beginning in July 2015, the AOUSC is required to submit reports every five years. This report to Congress was prepared with the assistance of the Federal Judicial Center.

 

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Lawrence A. Larose, partner at Norton Rose Fulbright who leads the firm’s municipal restructuring practice, discusses municipal finance and how it differs from corporate finance from a bankruptcy perspective.

Related videos are available in the Chapter 9 Online Repository.

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This guide summarizes issues related to third-party financing of civil litigation. It discusses how judges might manage cases involving litigation financing, including ethical issues, legal issues raised by financing agreements, and discovery issues related to such agreements. 

For more information on third-party litigation financing, visit the Third Party Litigation Financing Special Topics Page.

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This repository of materials was developed as a companion to the manual, Navigating Chapter 9 of the Bankruptcy Code, to provide courts with examples of case documents and other resource materials related to issues likely to arise in Chapter 9 cases. Documents are included from cases filed by variety of debtors: cities, townships, and counties; medical-related entities, such as county hospitals and authorities; and political subdivisions, such as sanitary and improvement districts, water districts, and off-track betting authorities.

The materials have been placed into the following categories. Some documents relating to multiple categories have been placed in the most relevant categories and cross-references are made between the categories. Some significant documents have been put into more than one category.

We welcome suggestions about other materials that may be helpful to courts for inclusion in the Chapter 9 repository. Please send your ideas and materials to Beth Wiggins at ch9bankr_repository@fjc.gov.

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This page includes case documents from adversary proceedings filed in connection with a Chapter 9 case. They provide a flavor for the financing and bond issues that are unique to municipalities and thus to Chapter 9. Also included is a list of resources on municipal finance and bonds. A video on municipal finance is also available.
 
Municipal Financing and Bonds is one of several Chapter 9 Online Repository categories.
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This pocket guide is designed to offer judges an introduction to the law and practice of securities litigation. It provides an overview of the types of legal and practical issues judges may confront in litigation arising under the securities laws, and, where possible, offers suggestions. This guide also identifies the areas of securities law most prone to circuit splits or frequent change, so that judges know where to be particularly vigilant about looking at up-to-date case law and legislation.

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In response to the global economic turmoil that began in late 2007, the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Act) introduced a broad array of regulatory reforms in the financial sector. This report focuses on the reforms in Title II of the Act, which are intended to mitigate risks posed by the failure of systemically important financial institutions. Title II directs the Administrative Office of the United States Courts (AOUSC) to study the resolution of these institutions and report on its findings. The AOUSC submitted its first three annual reports pursuant to 12 U.S.C. § 5382(e) on July 21, 2011 (First Report), July 17, 2012 (Second Report), and July 19, 2013 (Third Report). The AOUSC submits this report in compliance with the directive of section 5382(e). Beginning in July 2015, the AOUSC is required to submit reports every five years. This report to Congress was prepared with the assistance of the Federal Judicial Center.

After an introduction in Part I, the report proceeds as follows:

  • Part II provides an executive summary of the report’s primary research, findings, and analysis.
  • Part III describes the AOUSC’s mandate under section 5382(e) of the Act and briefly summarizes the First, Second, and Third Reports, as well as the scope of this fourth report.
  • Part IV focuses on the key issue explored in this report: the provisions of the U.S. Bankruptcy Code that permit a debtor to sell all or substantially all of its assets in a chapter 7 or chapter 11 bankruptcy case. The report reviews critiques of these provisions, including proposals for reform recommended by the American Bankruptcy Institute Commission to Study the Reform of Chapter 11 (ABI Commission), and compares them to similar mechanisms for resolving financial distress through transfers under the Act and certain bills introduced in both houses of Congress in 2014. The latter mechanisms are commonly referred to as “single point of entry” proposals. This section also describes and utilizes certain original empirical data generated by the Federal Judicial Center (FJC) for purposes of the AOUSC reports under the Act.
  • Part V synthesizes the various proposals for rehabilitating or resolving a distressed company through a sale process.
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Published by the Press of the People's Court (Beijing)

Translator: Maggie Shen

Acknowledges the Federal Judicial Center as publisher of the original work. The Federal Judicial Center cannot vouch for the accuracy of the translation.

Article title: not provided

Journal title: not provided

Date: PDF created 2/5/2015. Cover dated January 2014-1.

Available Online Only

In response to the global economic turmoil that began in late 2007, the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Act) introduced a broad array of regulatory reforms in the financial sector. This report focuses on the reforms in Title II of the Act, which are intended to mitigate risks posed by the failure of systemically important financial institutions. Title II directs the Administrative Office of the United States Courts (AOUSC) to study the resolution of these institutions and report on its findings. The AOUSC submitted its first report pursuant to section 202(e) of the Act on July 21, 2011 (First Report), and its second report on July 17, 2012 (Second Report). The AOUSC now submits this third report in compliance with section 202(e). This report to Congress was prepared with the assistance of the Federal Judicial Center.

Available Online Only

The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“the Act”) introduced a broad array of regulatory reforms in the financial sector. Among those reforms is Title II of the Act, which provides a process for the identification and orderly liquidation of distressed, systemically important financial institutions. Title II also directs the Administrative Office of the United States Courts (AOUSC) to study the resolution of distressed financial institutions under Title 11 of the United States Code (the Bankruptcy Code). The AOUSC submitted its first report pursuant to section 202(e) of the Act on July 21, 2011 (“First Report”). The AOUSC now submits this second report in compliance with section 202(e)’s instruction that it summarize the results of its study in a report “[n]ot later than 1 year after the date of enactment of th[e] Act [and] in each successive year until the third year.” This report to Congress was prepared with the assistance of the Federal Judicial Center.

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