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2018 Annual Meeting & Educational Conference
October 18 & 19, 2018

Grand Hyatt New York
Park Avenue at Grand Central Station
109 E 42nd St
New YorkNY 10017

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ACIC Private Notes                            August 2018
Welcome to the August 2018 edition of the ACIC Private Notes!
Mark your calendars, Sirs and Dames - the Canterbury Tales-themed 2018 Annual Meeting is right around the corner! Just like the tales themselves, this year's meeting is sure to be another timeless classic. Read on below for a message from the meeting's co-chairs, Sarah Smith (Akin Gump) and Michael Shepherd (Genworth), which shares early details of this year's program.

This edition also includes recent case law summaries from the Mid-Atlantic Region (courtesy of My Chi To of Debevoise & Plimpton LLP) and the Midwest Region (courtesy of Michael Robson of Greenberg Traurig, LLP).
2018 Annual Meeting and Education Conference
The 2018 Annual Meeting and Education Conference takes place at the Grand Hyatt in New York on October 18 and 19. Click here to learn more about the event from this year's co-chairs, and be sure to click here to register and keep track of program updates. We look forward to seeing you there!
Recent Case Law Summaries 
Mid-Atlantic Updates
In In re Woodbridge Group of Companies, LLC, et al., the Delaware Bankruptcy Court ruled that an anti-assignment clause in a promissory note was, in fact, enforceable over UCC anti-assignment rules. Click here to learn more.

In In re Taberna Preferred Funding IV, Ltd., the Bankruptcy Court for the Southern District of New York denied a motion for partial summary judgment, ruling against a group of secured noteholders that had sought to establish their status as unsecured petitioning creditors by partially waiving a security interest held for their benefit by the indenture trustee. Click here to learn more.
Midwest Updates

In FirstMerit Bank, N.A. v. Kloysner Grp., LLC (an action for violations of various sections of the Illinois Uniform Fraudulent Transfer Act), the District Court for the Northern District of Illinois denied the defendants' Motion to Dismiss for lack of subject-matter jurisdiction and failure to state a claim. Click here to learn more.

In a motion for summary judgment, the District Court for the Northern District of Illinois found in Capital One Equip. Fin. Corp. v. Adela Inc. that borrowers and guarantors were in default and liable to the creditor for the unpaid amounts on their loans and guaranties. Click here to learn more.

The Bankruptcy Court for the Northern District of Illinois held in Brandt v. FDIC (In re Equip. Acquisition Res., Inc.) that: (i) the common law and statutory defenses which preclude claims against the FDIC as the receiver for a failed bank based on a fraudulent scheme between a bankruptcy debtor and its affiliate were applicable to the bankruptcy case and (ii) a bankruptcy plan administrator's claims against the FDIC for fraudulent transfers from the bankruptcy debtor to the bank based on the fraudulent scheme were precluded. Click here to learn more.