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Results: 1-10 of 40

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

Practice pointer follow up

  • Dechert LLP
  • -
  • USA
  • -
  • September 25 2012

First and foremost here at the Drug and Device Law Blog, we like good, strong defense decisions

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

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

Seventh Circuit allows trademark licensees to continue using license after rejection of licensing agreement

  • Dechert LLP
  • -
  • USA
  • -
  • July 17 2012

The Court of Appeals for the Seventh Circuit, in Sunbeam Products, Inc. v. Chicago American Manufacturing, LLC,1 recently issued a decision that holdscontrary to the only other court of appeals that has addressed the issuethat rejection of a trademark licensing agreement by a debtor-licensor does not terminate the agreement and that a trademark licensee can thus continue using the license after rejection

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