We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
In cooperation with Association of Corporate Counsel
  Request new password

Search results

Order by most recent / most popular / relevance

Results: 1-10 of 39

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

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

Fourth Circuit affirms application of section 365(n) to ensure patent licensees sufficiently protected in granting relief to foreign representative

  • Dechert LLP
  • -
  • USA
  • -
  • December 12 2013

The Court of Appeals for the Fourth Circuit, in Jaffe v. Samsung Elecs. Co., Ltd.,recently held that a U.S. bankruptcy court is not required under

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

Third Circuit overrules Frenville accrual test to hold that asbestos-related claims arise when the claimant is exposed

  • Dechert LLP
  • -
  • USA
  • -
  • June 16 2010

The United States Court of Appeals for the Third Circuit on June 2, 2010, sitting en banc, overruled its own precedential holding in Avellino & Beines v. M. Frenville Co. (Frenville), 744 F.2d 332 (3d Cir. 1984), to hold that in the context of asbestos-related tort claims, a “claim” under the Bankruptcy Code arises when an individual is exposed pre-petition to a product giving rise to an injury rather than when the injury manifests itself

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

  • Dechert LLP
  • -
  • USA
  • -
  • 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

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

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

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

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

  • Dechert LLP
  • -
  • USA
  • -
  • 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