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Results: 1-10 of 41

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

Court rules Houston Astros cannot strike out fiduciary duties in bankruptcy

  • Dechert LLP
  • -
  • USA
  • -
  • March 5 2014

One of the incentives that Delaware law offers founders of business entities is the ability to tinker with the fiduciary duties that the managers of

LLC agreement prohibiting bankruptcy filing held enforceable

  • Dechert LLP
  • -
  • USA
  • -
  • December 14 2010

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

“Officer” titles do they confer insider status?

  • Dechert LLP
  • -
  • USA
  • -
  • September 24 2014

Insider status in U.S. bankruptcy carries with it significant burdens. Insiders face a one year preference exposure rather than the 90 day period

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 TBA contracts do not qualify as customers’ claims in broker-dealers’ liquidation

  • Dechert LLP
  • -
  • USA
  • -
  • December 19 2011

Judge James M. Peck of the United States Bankruptcy Court for the Southern District of New York on December 8, 2011 issued an opinion on a motion of the Lehman Brothers Inc. (“LBI”) trustee (“Trustee”) to confirm his determination that certain claims relating to settled on delivery-versus-payment “to be announced” (“TBA”) contracts do not qualify as customer claims against the LBI estate and therefore are not entitled to Securities Investor Protection Act (“SIPA”) coverage

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

FDIC brings second action against directors or officers of failed banks

  • Dechert LLP
  • -
  • USA
  • -
  • 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

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

  • Dechert LLP
  • -
  • USA
  • -
  • 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

Recent developments in acquisition finance

  • Dechert LLP
  • -
  • USA
  • -
  • March 3 2014

A recent decision of the U.S. Bankruptcy Court for the Southern District of New York examines who is an "Eligible Assignee" entitled to acquire loans