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Permissible Interest on Loans That Are Sold, Assigned, or Otherwise Transferred
Document Number: 2020-11963
Type: Rule
Date: 2020-06-02
Agency: Office of the Comptroller of the Currency, Department of Treasury, Department of the Treasury
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
Document Number: 2020-11857
Type: Notice
Date: 2020-06-02
Agency: Antitrust Division, Department of Justice
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
Document Number: 2020-11653
Type: Notice
Date: 2020-06-01
Agency: Securities and Exchange Commission, Agencies and Commissions
) 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
Document Number: 2020-11649
Type: Notice
Date: 2020-06-01
Agency: Securities and Exchange Commission, Agencies and Commissions
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
Document Number: 2020-11559
Type: Notice
Date: 2020-05-29
Agency: Department of Energy, Federal Energy Regulatory Commission
'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
Document Number: 2020-11441
Type: Notice
Date: 2020-05-28
Agency: Department of the Interior, Bureau of Land Management
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
Document Number: 2020-10467
Type: Notice
Date: 2020-05-15
Agency: Federal Reserve System, Agencies and Commissions
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”
Document Number: 2020-07905
Type: Rule
Date: 2020-05-14
Agency: Securities and Exchange Commission, Agencies and Commissions
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
Document Number: 2020-09954
Type: Notice
Date: 2020-05-11
Agency: Securities and Exchange Commission, Agencies and Commissions
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
Document Number: 2020-09825
Type: Notice
Date: 2020-05-08
Agency: Department of Justice
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
Document Number: 2020-09656
Type: Notice
Date: 2020-05-06
Agency: Department of Energy, Federal Energy Regulatory Commission
\ 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
Document Number: 2020-09595
Type: Notice
Date: 2020-05-05
Agency: Department of Justice
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
Document Number: 2020-09151
Type: Rule
Date: 2020-05-01
Agency: Bureau of Consumer Financial Protection
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
Document Number: 2020-09098
Type: Rule
Date: 2020-04-28
Agency: Small Business Administration, Agencies and Commissions
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
Document Number: 2020-08591
Type: Notice
Date: 2020-04-23
Agency: Securities and Exchange Commission, Agencies and Commissions
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
Document Number: 2020-08493
Type: Notice
Date: 2020-04-22
Agency: Securities and Exchange Commission, Agencies and Commissions
, 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
Document Number: 2020-08492
Type: Notice
Date: 2020-04-22
Agency: Securities and Exchange Commission, Agencies and Commissions
, 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
Document Number: 2020-08491
Type: Notice
Date: 2020-04-22
Agency: Securities and Exchange Commission, Agencies and Commissions
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
Document Number: 2020-08490
Type: Notice
Date: 2020-04-22
Agency: Securities and Exchange Commission, Agencies and Commissions
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
Document Number: 2020-08489
Type: Notice
Date: 2020-04-22
Agency: Securities and Exchange Commission, Agencies and Commissions
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
Document Number: 2020-08488
Type: Notice
Date: 2020-04-22
Agency: Securities and Exchange Commission, Agencies and Commissions
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
Document Number: 2020-04776
Type: Rule
Date: 2020-04-20
Agency: Securities and Exchange Commission, Agencies and Commissions
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
Document Number: 2020-04407
Type: Proposed Rule
Date: 2020-04-17
Agency: Commodity Futures Trading Commission, Agencies and Commissions
]] 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
Document Number: 2020-07973
Type: Notice
Date: 2020-04-15
Agency: Department of Agriculture, Forest Service
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
Document Number: 2020-07897
Type: Notice
Date: 2020-04-15
Agency: Securities and Exchange Commission, Agencies and Commissions
, 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
Document Number: 2020-07640
Type: Notice
Date: 2020-04-13
Agency: Department of Housing and Urban Development
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
Document Number: 2020-07671
Type: Notice
Date: 2020-04-10
Agency: Commodity Futures Trading Commission, Agencies and Commissions
(``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
Document Number: 2020-07532
Type: Notice
Date: 2020-04-10
Agency: Environmental Protection Agency
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
Document Number: 2020-07511
Type: Notice
Date: 2020-04-09
Agency: Maritime Administration, Department of Transportation
. 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
Document Number: 2020-07324
Type: Notice
Date: 2020-04-08
Agency: Department of Justice
. (``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
Document Number: 2020-07170
Type: Notice
Date: 2020-04-06
Agency: Federal Trade Commission, Agencies and Commissions
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
Document Number: 2020-07021
Type: Notice
Date: 2020-04-03
Agency: Department of Energy, Federal Energy Regulatory Commission
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
Document Number: 2020-06215
Type: Rule
Date: 2020-04-02
Agency: Department of Agriculture, Rural Utilities Service
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
Document Number: 2020-06611
Type: Notice
Date: 2020-03-31
Agency: Securities and Exchange Commission, Agencies and Commissions
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
Document Number: 2020-04799
Type: Proposed Rule
Date: 2020-03-31
Agency: Securities and Exchange Commission, Agencies and Commissions
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
Document Number: 2020-04751
Type: Proposed Rule
Date: 2020-03-30
Agency: Federal Aviation Administration, Department of Transportation
.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
Document Number: 2020-06371
Type: Rule
Date: 2020-03-26
Agency: Federal Reserve System, Agencies and Commissions
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
Document Number: 2020-06188
Type: Notice
Date: 2020-03-25
Agency: Securities and Exchange Commission, Agencies and Commissions
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
Document Number: 2020-06015
Type: Rule
Date: 2020-03-25
Agency: Office of Personnel Management
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
Document Number: 2020-05850
Type: Notice
Date: 2020-03-20
Agency: Securities and Exchange Commission, Agencies and Commissions
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
Document Number: 2020-05513
Type: Notice
Date: 2020-03-18
Agency: Federal Deposit Insurance Corporation, Agencies and Commissions, Federal Reserve System
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
Document Number: 2020-05481
Type: Notice
Date: 2020-03-17
Agency: Judicial Conference of the United States, Agencies and Commissions
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
Document Number: 2020-05092
Type: Notice
Date: 2020-03-13
Agency: Pension Benefit Guaranty Corporation, Agencies and Commissions
) 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
Document Number: 2020-04274
Type: Notice
Date: 2020-03-06
Agency: Office of Personnel Management
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
Document Number: 2020-04486
Type: Notice
Date: 2020-03-05
Agency: Maritime Administration, Department of Transportation
. 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
Document Number: 2020-04471
Type: Notice
Date: 2020-03-05
Agency: Securities and Exchange Commission, Agencies and Commissions
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
Document Number: 2020-04435
Type: Proposed Rule
Date: 2020-03-03
Agency: Library of Congress, Agencies and Commissions, Copyright Office
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)
Document Number: 2020-03838
Type: Proposed Rule
Date: 2020-03-03
Agency: Bureau of Consumer Financial Protection
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
Document Number: 2020-04196
Type: Notice
Date: 2020-03-02
Agency: Federal Reserve System, Agencies and Commissions
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
Document Number: 2020-03705
Type: Rule
Date: 2020-03-02
Agency: Securities and Exchange Commission, Agencies and Commissions
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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