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Results: 1-10 of 42

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

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

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

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

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

Bankruptcy court rejects FDIC’s claim for capital shortfall

  • Dechert LLP
  • -
  • USA
  • -
  • September 23 2010

The next few years will see the "redevelopment" of the law in two critical areas involving bank failures where the Federal Deposit Insurance Corporation ("FDIC") is appointed receiver: (i) the relative rights and claims of creditors of a bank or savings and loan holding company, including the FDIC; and (ii) D&O and professional liability

First investment firm to enter the new special administration regime

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

On 31 October 2011, MF Global UK Limited, an insolvent investment broker, became the first investment firm to enter the special administration regime (the “SAR”) created by the Investment Bank Special Administration Regulations 2011 (SI 2011245