For the second time in a week, bond insurer MBIA Wednesday lost a motion to dismiss a challenge to its controversial 2009 restructuring, in which the insurer transferred $5.4 billion in assets to a subsidiary.
Manhattan Supreme Court Justice James A. Yates ruled in ABN Amro Bank N.V. v. MBIA Inc., 601275-2009, that fraudulent conveyance suits by 23 U.S. and foreign investment banks and financial institutions against MBIA could go forward. The banks, as policyholders and creditors, claim that a reorganization that split the company in two left essentially “insolvent” the unit tasked with meeting coverage obligations to them.
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