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The Fifth Circuit shifts the risk of doing business with fraudulent enterprises to trade creditors

  • Dechert LLP
  • -
  • USA
  • -
  • April 7 2015

When a debtor pays the market cost for goods and services provided to it by third-party vendors, these payments normally cannot be recovered as

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

  • Dechert LLP
  • -
  • USA
  • -
  • 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

Pennsylvania Supreme Court limits the applicability of the in pari delicto defense

  • Dechert LLP
  • -
  • USA
  • -
  • July 14 2010

In pari delicto is a common law defense against liability in circumstances where the culpability of the plaintiff is at least as great as the culpability of the defendant

TUPE applies to acquisitions out of administration

  • Dechert LLP
  • -
  • United Kingdom
  • -
  • February 18 2011

There are essentially three types of insolvency proceeding: liquidation, receivership and administration

Identifying further restructuring risks in Germany - Federal Court of Justice clarifies liability for continuing the business of an insolvent company

  • Dechert LLP
  • -
  • Germany
  • -
  • March 27 2014

The Financial Crisis, a difficult market situation and a tense liquidity status have led to remarkable difficulties for mid-sized businesses within

Recent developments in acquisition finance

  • Dechert LLP
  • -
  • USA
  • -
  • August 18 2014

Several recent legal and regulatory developments in the U.S. will likely alter the makeup of the group of arrangers and financiers willing to arrange

Recent developments in acquisition finance

  • Dechert LLP
  • -
  • USA
  • -
  • February 11 2015

Recent legal and regulatory developments have raised issues for those considering a loan-to-own acquisition strategy, and have continued to impact

SDNY Bankruptcy Court allows as a claim unamortized original issue discount generated in a fair market value exchange

  • Dechert LLP
  • -
  • USA
  • -
  • November 21 2013

The Bankruptcy Court for the Southern District of New York overseeing the Residential Capital ("ResCap") cases issued an opinion on November 15, 2013

Claims under repurchase transactions do not qualify as customers’ claims in broker-dealers’ liquidation

  • Dechert LLP
  • -
  • USA
  • -
  • June 28 2013

Judge James M. Peck of the Bankruptcy Court for the Southern District of New York held, on June 25, 2013 (the “Lehman Op.”), that claims under

The Fisker case and its impact on distressed M&A

  • Dechert LLP
  • -
  • USA
  • -
  • April 15 2014

As is well known, the right to credit bid is the entitlement of a secured lender to bid the amount of its outstanding claims at the sale of its