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Permissible Interest on Loans That Are Sold, Assigned, or Otherwise Transferred
of
the Madden v. Midland Funding, LLC \3\ decision (Madden), including
evidence that Madden restricted access to credit for higher-risk
borrowers in states
[[Page 33531]]
within the Second Circuit and that it caused a rise in personal
bankruptcies due
United States, et al. v. Dairy Farmers of America, Inc. and Dean Foods Company; Proposed Final Judgment and Competitive Impact Statement
around the country and, among other factors, leading
to the pending bankruptcy of Dean and other fluid milk processors.
Despite this reduction in demand, a significant group of consumers
remains loyal to traditional fluid milk, and their demand
Self-Regulatory Organizations; BOX Exchange LLC; Notice of Filing of Proposed Rule Change in Connection With the Proposed Commencement of Operations of Boston Security Token Exchange LLC (“BSTX”) as a Facility of the Exchange
)
the entry of a decree of judicial dissolution under Sec. 18-802 of the
LLC Act; (iii) the resignation, expulsion, bankruptcy or dissolution of
the last remaining Member, or the occurrence of any other event which
terminates the continued membership
Self-Regulatory Organizations; ICE Clear Credit LLC; Order Approving Proposed Rule Change Relating to the ICC Clearing Participant Default Management Procedures
set forth key scenario components that ICC
may consider when developing a default management test, including (1)
scenarios resulting in CP defaults, such as a CP's failure to meet
payment obligations to ICC, insolvency or bankruptcy; (2) default
ETC Tiger Pipeline, LLC; Notice of Petition For Declaratory Order
's
transportation agreements must receive the Commission's approval under
section 5 of the Natural Gas Act in order to reject such Commission-
jurisdictional agreements in bankruptcy proceedings, all as more fully
explained in the petition.
Any person desiring
Notice of Termination of Spring Creek Coal Mine Environmental Impact Statement, Big Horn County, MT
timeframe to complete
required lease transfers to the new company (the previous company filed
for bankruptcy after the NOI was published). Lease transfers may be
prolonged due to ongoing bankruptcy court proceedings and the primary
need to obtain
Agency Information Collection Activities: Announcement of Temporary Approval by the Board Under Delegated Authority and Submission to OMB
basis to believe that, as of the date of entering into the relevant
transaction and after entering into that transaction, it has the
ability to meet its financial obligations for at least the next 90 days
and does not expect to file for bankruptcy
Definition of “Covered Clearing Agency”
and adverse selection
problems, that the main effect of clearing would be to
``redistribute losses consequent to a bankruptcy or run,'' and that
clearing entities have failed or come close to failing in the past,
including in connection with the 1987
Self-Regulatory Organizations; BOX Exchange LLC; Notice of Filing of Proposed Rule Change To Adopt New Rule Regarding Transfer of Positions
operation of law from death, bankruptcy, or
otherwise. This provision is consistent with applicable laws, rules,
and regulations that legally require transfers in certain
circumstances. This proposed rule change is consistent with the
purposes of other
Notice of Lodging of Proposed Consent Decree and Environmental Settlement Agreement Under the Clean Air Act
Agreement
(``Settlement Agreement'') in In re PES Holdings, LLC, et al., Civil
Action No. 19-11626 (Bankr. D. Del.), with the United States Bankruptcy
Court for the District of Delaware.
The United States, on behalf of the United States Environmental
Rockies Express Pipeline LLC; Notice of Petition for Declaratory Order
\
of the Federal Energy Regulatory Commission's (Commission) Rules of
Practice and Procedure, Rockies Express Pipeline LLC filed a petition
for declaratory order (Petition) finding that the Commission has
concurrent jurisdiction with U.S. Bankruptcy Courts under
Notice of Lodging of Proposed Consent Decree Under the Clean Air Act
matter from air exhausted from the Facility. The
Consent Decree also assess a $1,054,000 civil penalty. $654,000 of the
penalty assessment would be payable on discounted basis under AZR's
2016 Chapter 11 bankruptcy reorganization plan. The remaining
Bulletin 2020-02-Compliance Bulletin and Policy Guidance: Handling of Information and Documents During Mortgage Servicing Transfers
with the
law or investor guidelines with respect to the transferred loans.
Identifying any loans in default, active foreclosure and
bankruptcy. Where applicable, include documentation regarding loss
mitigation activity for each loan, including status
Business Loan Program Temporary Changes; Paycheck Protection Program-Requirements-Promissory Notes, Authorizations, Affiliation, and Eligibility
the shares in his or her personal account
only upon the cessation of employment with the company, including
retirement, disability, death, or termination.
4. Eligibility of Businesses Presently Involved in Bankruptcy
Proceedings
Will I be approved
Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Options 6, Section 5, Titled Transfer of Positions
death,
bankruptcy, or otherwise. This provision is consistent with applicable
[[Page 22764]]
laws, rules, and regulations that legally require transfers in certain
circumstances. This proposed rule change is consistent with the
purposes of other
Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Adopt a New Rule Titled Transfer of Positions Within Options 6, Section 5
, or corporation;
(8) the donation of positions to a not-for-profit corporation;
(9) the transfer of positions to a minor under the Uniform Gifts to
Minors Act; or
(10) the transfer of positions through operation of law from death,
bankruptcy
Self-Regulatory Organizations; Nasdaq GEMX, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Adopt a New Rule Titled Transfer of Positions Within Options 6, Section 5
,
bankruptcy, or otherwise.\4\
\4\ See Cboe Rule 6.7(a).
The Exchange proposes to define ``Person'' as ``an individual,
partnership (general or limited), joint stock company, corporation,
limited liability company, trust or unincorporated
Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Adopt a New Rule Titled Transfer of Positions Within Options 6, Section 5
of positions to a not-for-profit corporation;
(9) the transfer of positions to a minor under the Uniform Gifts to
Minors Act; or
(10) the transfer of positions through operation of law from death,
bankruptcy, or otherwise.\4\
\4\ See Cboe Rule 6
Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Adopt a New Rule Titled Transfer of Positions Within Options 6, Section 5
of positions to a not-for-profit corporation;
(9) the transfer of positions to a minor under the Uniform Gifts to
Minors Act; or
(10) the transfer of positions through operation of law from death,
bankruptcy, or otherwise.\4\
\4\ See Cboe Rule 6
Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Adopt a New Rule Titled Transfer of Positions Within Options 6, Section 5
Gifts to
Minors Act; or
(10) the transfer of positions through operation of law from death,
bankruptcy, or otherwise.\4\
\4\ See Cboe Rule 6.7(a).
The Exchange proposes to define ``Person'' as ``an individual,
partnership (general
Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to the First Trust Tactical High Yield ETF
accomplished within
or outside of a bankruptcy proceeding under 11 U.S.C. 101 et seq. (or
any other similar statutory restructuring or reorganization proceeding)
or (b) together with (i.e., as part of a unit or package that includes)
one or more Primary
Financial Disclosures About Guarantors and Issuers of Guaranteed Securities and Affiliates Whose Securities Collateralize a Registrant's Securities
because the holders can only
make claims for payment directly against the issuer and any
guarantors. In addition, in a bankruptcy proceeding, the assets of
non-guarantor subsidiaries that are not issuers typically would be
accessible only by the holder
Swap Data Recordkeeping and Reporting Requirements
]]
securities on which the swap is based (e.g., a merger, dividend, stock
split, or bankruptcy). The Commission is proposing to replace the
reference to PET data with required swap creation data.\34\ The
Commission is also proposing to replace a reference
Extension of Certain Timber Sale: Contracts; Finding of Substantial Overriding Public Interest
to harvest timber during severely
depressed markets or risk defaulting contracts, such decisions can and
previously have led to bankruptcies, loss of infrastructure and loss of
jobs. This adversely affects stability in rural communities and future
Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of Filing of Proposed Rule Change Relating to the ICC Clearing Participant Default Management Procedures
,
insolvency or bankruptcy; (2) default management tools available to ICC
in case of default, including consulting with the CDS Default Committee
or performing Secondary Default Management Actions (e.g., calling for
assessment contributions); (3) timing
Mortgagee Review Board: Administrative Actions
to a mortgagor's
bankruptcy counsel or bankruptcy trustee; (c) failed to evaluate loans
for all loss mitigation options and document that all loss mitigation
servicing requirements were followed; (d) approved a borrower for a
pre-foreclosure sale without
Sunshine Act Meetings
(``Commission'' or ``CFTC'') will hold this meeting to consider the
following matters:
Proposed Rule: Amendments to Part 190 Bankruptcy
Regulations;
Proposed Rule: Amendments to Compliance Requirements for
Commodity Pool Operators on Form CPO
Proposed Prospective Purchaser Agreement for the Danville Central Foundry Landfill Site in Danville, Illinois
operation, at Interstate 74 at North G Street I Danville, Illinois. The
Site is one of the 89 sites that were placed into an Environmental
Response Trust (the ``Trust'') as a result of the resolution of the
2009 GM bankruptcy. The Trust is administrated
Notice of Funding Opportunity for America's Marine Highway Projects
. Statement whether during the past five years, the applicant or
any predecessor or related company has been in bankruptcy or in
reorganization under Chapter 11 of the Bankruptcy Code, or in any
insolvency or reorganization proceedings, and whether any
Notice of Lodging of Proposed Settlement Agreement Under the Atomic Energy Act and Comprehensive Environmental Response, Compensation and Liability Act
. (``Debtor'' or ``Fansteel''), and
FMRI, Inc. with the United States Bankruptcy Court for the District of
Iowa in the case entitled In re Fansteel, Inc., Case No. 16-01823-als11
(Bankr. S.D. Iowa).
The United States, on behalf of the NRC, filed
Federal-Mogul Motorparts LLC; Analysis to Aid Public Comment
with
the Commission, and to notify the Commission of bankruptcy filings or
changes in corporate structure that might affect compliance
obligations. Part IV contains recordkeeping requirements for accounting
records, personnel records, consumer correspondence
Energy Harbor LLC; Notice of Institution of Section 206 Proceeding and Refund Effective Date
in Docket No.
EL20-35-000 pursuant to section 206 of the Federal Power Act (FPA), 16
U.S.C. 824e (2018), instituting an investigation into Energy Harbor
LLC's proposed rejection in bankruptcy of certain contracts that are
subject to the Commission
Rural Energy Savings Program
The Rural Utilities Service (RUS), a Rural Development agency of the United States Department of Agriculture (USDA), hereinafter referred to as RUS or the Agency, is issuing a final rule to establish the Rural Energy Savings Program (RESP) as authorized by Section 6407 of the Farm Security and Rural Investment Act of 2002, as amended and the Agriculture Improvement Act of 2018 to assist rural families and small businesses achieve cost savings by providing loans to eligible entities that agree to make loans to qualified consumers to implement durable cost-effective energy efficiency measures. This rule describes the eligibility requirements, the application process, the criteria that will be used by RUS to assess Applicants' creditworthiness and how to obtain application materials.
Self-Regulatory Organizations; The Depository Trust Company; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the DTC Operational Arrangements With Respect to Notices Submitted to DTC for Posting to LENS
as
confidential or material non-public information.
\14\ See OA, supra note 6 at 54.
\15\ Legal notices posted to LENS include notices (including
notices to security holders) of bankruptcies, litigation/class
actions, and defaults. See also description
Facilitating Capital Formation and Expanding Investment Opportunities by Improving Access to Capital in Private Markets
structured so that the investor
may not have meaningful investment risk during the holding period
other than issuer bankruptcy.
[[Page 17960]]
1. Regulation D
Regulation D, adopted in 1982,\25\ is a series of rules that sets
forth three exemptions
Pilot Records Database
.147 Air Tour Operators
f. Corporate Flight Departments
g. Public Aircraft Operations
h. Trustees in Bankruptcy
4. Entities That Will Not Be Required to Report Information
5. Other Sources of Pilot Records
a. Training Providers
b
Total Loss-Absorbing Capacity, Long-Term Debt, and Clean Holding Company Requirements for Systemically Important U.S. Bank Holding Companies and Intermediate Holding Companies of Systemically Important Foreign Banking Organizations: Eligible Retained Income
or completely depleted
in the lead up to a bankruptcy or resolution. Thus, if a firm is to
re-emerge from resolution with sufficient capital to successfully
operate as a going concern, there must be a source of capital for
the firm. The TLAC rule therefore
Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of Filing of Amendment Nos. 1 and 2 and Order Granting Accelerated Approval of a Proposed Rule Change, as Modified by Amendment Nos. 1 and 2, Regarding Off-Floor Position Transfers
operation
of law from death, bankruptcy, or otherwise.\14\
\12\ See Cboe Rule 5.12(a) (formerly Rule 6.49(a)).
\13\ See Cboe Rule 6.7(a) (formerly Rule 6.49A(a)).
\14\ See proposed Cboe Rule 6.7(a).
In addition, the Exchange purports
Federal Employees Health Benefits Acquisition Regulations: Self Plus One and Contract Matrix Update
T ...............
Costs.
FAR 52.242-13..................... Bankruptcy............... M T T
1652.243-70....................... ChangesNegotiated M
Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Filing of Amendment No. 1 and Order Granting Accelerated Approval of a Proposed Rule Change, as Modified by Amendment No. 1, To Amend Rule 5815 To Preclude Stay During Hearing Panel Review of Staff Delisting Determinations in Certain Circumstances
listing, as described in Nasdaq Rule
5110(a) (such a Company is referred to herein as a ``Change of Control
Company''); \11\ or (ii) a Company that has filed for protection under
any provision of the federal bankruptcy laws, or comparable foreign
laws
Guidance for Resolution Plan Submissions of Certain Foreign-Based Covered Companies
a number of
key vulnerabilities in plans for a rapid and orderly resolution under
the U.S. Bankruptcy Code (i.e., capital; liquidity; governance
mechanisms; operational; legal entity rationalization and separability;
and derivatives and trading
Advisory Committee on Bankruptcy Rules; Meeting of the Judicial Conference
No: 2020-05481]
JUDICIAL CONFERENCE OF THE UNITED STATES
Advisory Committee on Bankruptcy Rules; Meeting of the Judicial
Conference
AGENCY: Judicial Conference of the United States, Advisory Committee on
Bankruptcy Rules.
ACTION: Revised notice
Submission of Information Collection for OMB Review; Comment Request; Payment of Premiums; Termination Premium
) of
ERISA (unless contributing sponsors and controlled group members meet
the bankruptcy liquidation requirements of section 4041(c)(2)(B)(i) of
ERISA) or in an involuntary termination under section 4042 of ERISA,
and the termination date under section
Excepted Service; Consolidated Listing of Schedules A, B, and C Exceptions
This provides the consolidated notice of all agency specific excepted authorities, approved by the Office of Personnel Management (OPM), under Schedule A, B, and C, as of June 30, 2019, as required by Civil Service Rule VI, Exceptions from the Competitive Service.
Notice of Funding Opportunity for America's Marine Highway Projects
. Statement whether during the past five years, the applicant or
any predecessor or related company has been in bankruptcy or in
reorganization under Chapter 11 of the Bankruptcy Code, or in any
insolvency or reorganization proceedings, and whether any
Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 5702
would have to disclose if a non-convertible bond that was
previously guaranteed is no longer guaranteed, or if the issuer or
guarantor declares bankruptcy. An issuer would also have to disclose if
its common stock is delisted, and Nasdaq would
Registration Modernization
statement that can be provided in the
``Other'' space is a transfer occurring ``by operation of law,'' a
legal concept referring to rights that arise under specific
contingencies such as by court-ordered or bankruptcy-related transfers,
certain forms
Debt Collection Practices (Regulation F)
in court.''); Buchanan v. Northland Grp., Inc., 776 F.3d
393, 399 (6th Cir. 2015) (``Legal defenses are not moral defenses .
. . [a]nd a creditor remains free, in the absence of a bankruptcy
order or something comparable preventing it from trying
Proposed Agency Information Collection Activities; Comment Request
the person or entity initially
borrows under the program or facility, that the person or entity is not
insolvent. The amendments provide that a borrower is considered
insolvent if the borrower is in bankruptcy, resolution under Title II
of Public Law 111
Delegation of Authority to the General Counsel of the Commission
with its bankruptcy program and they are
intended to conserve Commission resources by delegating to staff the
discretion to file objections in bankruptcy cases with respect to the
frequently recurring issue of non-debtor third-party releases
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