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Bankruptcy Court Tightens Intentional Fraudulent Transfer Pleading Requirements

USA - January 18 2016 On November 18, 2015, the U.S. Bankruptcy Court for the Southern District of New York dismissed intentional fraudulent transfer claims asserted by a...

Stephen J. Della Penna, Mark S. Chehi.


Recent Rulings Underscore Importance of Careful Drafting of Make-Whole Payment Provisions

USA - January 18 2016 Under long-established common law, loans must be paid only upon maturity, not before. This "perfect tender in time" rule is the default rule in a...

Mark S. Chehi, Sarah E. Pierce.


Third Circuit provides road map for structured dismissals

USA - May 28 2015 In the past decade, Chapter 11 practice has witnessed the rise of a new phenomenon: structured dismissals. Broadly speaking, the term structured...

Anthony W. Clark, Mark A. McDermott, Jay M. Goffman.