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FDIC brings second action against directors or officers of failed banks

Dechert LLP
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USA
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November 16 2010

Industry observers have been waiting to see when bank failures arising out of the recent financial crisis would produce a wave of Federal Deposit Insurance Corporation ("FDIC") litigation similar to that seen in the early 1990s after the savings and loan crisis

Settlement finality and financial collateral arrangements: revised UK legislation

Dechert LLP
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United Kingdom
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January 13 2011

On 16 December 2010, HM Treasury published a revised draft of the Financial Markets and Insolvency (Settlement Finality and Financial Collateral Arrangements) (Amendment) Regulations 2010 (SI 20102993) (the "Amending Regulations"

Bankruptcy court limits applicability of section 546(e) Securities safe harbor to public securities

Dechert LLP
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USA
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May 2 2011

Section 546(e) of the Bankruptcy Code provides a “safe-harbor” for certain transfers involving the purchase or sale of securities and protects those transfers from avoidance as constructive fraudulent transfers or preferences

Administrations and TUPE in the UK

Dechert LLP
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United Kingdom
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December 20 2011

It’s been quite a week for important cases on TUPE and its operation in relation to administrations

LLC agreement prohibiting bankruptcy filing held enforceable

Dechert LLP
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USA
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December 14 2010

Courts generally agree that pre-petition agreements to forgo the protections of bankruptcy are invalid as against public policy

Ninth Circuit issues a bankruptcy opinion favorable to lenders to SPEs

Dechert LLP
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USA
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February 9 2012

In its recent decision in Meruelo Maddux Properties, Inc., the Court of Appeals for the Ninth Circuit held that an entity that meets the definition of a “single real estate” debtor under the Bankruptcy Code may not escape the consequences of such designation simply because it is a subsidiary of a group of companies with integrated and intertwined relationships among them

The Delaware Bankruptcy Court confirms that lenders in multiple-level financing structures are entitled to the protections of corporate separateness

Dechert LLP
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USA
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February 3 2012

The Delaware Bankruptcy Court has confirmed that in multiple-debtor chapter 11 cases, the cramdown rules set forth in section 1129(a)(10) of the Bankruptcy Code must be applied on a per debtor basis as opposed to a per plan basis

New York bankruptcy court adopts expansive view of section 363 free and clear assets sales

Dechert LLP
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USA
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April 8 2013

In a recent decision,the Bankruptcy Court for the Northern District of New York broadly interpreted the meaning of “interest” in the context of

Bankruptcy court casts cloud of uncertainty over treatment of executory contracts and swaps

Dechert LLP
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USA
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March 3 2010

A recent decision in the Bankruptcy Court for the Southern District of New York (the "Court") in the Lehman case has extended the unenforceability of ipso facto clauses to a provision triggered by the bankruptcy filing of an affiliate of a contractual party

FDIC begins action on its super-resolution rules for Covered Financial Companies

Dechert LLP
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USA
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October 20 2010

Title II of the Dodd-Frank Act establishes a new non-judicial receivership alternative for resolving troubled financial companies that could threaten the stability of the U.S. financial system (“Covered Financial Companies”), as described further below

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Search results

FDIC brings second action against directors or officers of failed banks

Settlement finality and financial collateral arrangements: revised UK legislation

Bankruptcy court limits applicability of section 546(e) Securities safe harbor to public securities

Administrations and TUPE in the UK

LLC agreement prohibiting bankruptcy filing held enforceable

Ninth Circuit issues a bankruptcy opinion favorable to lenders to SPEs

The Delaware Bankruptcy Court confirms that lenders in multiple-level financing structures are entitled to the protections of corporate separateness

New York bankruptcy court adopts expansive view of section 363 free and clear assets sales

Bankruptcy court casts cloud of uncertainty over treatment of executory contracts and swaps

FDIC begins action on its super-resolution rules for Covered Financial Companies

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