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Substantive Consolidation: It’s Alive and Well (or Maybe Just Alive)
  • Dechert LLP
  • USA
  • February 9 2017

The doctrine of substantive consolidation (generally- the power of a bankruptcy court to consolidate the assets and liabilities of affiliated entities


European Commission Proposes to Harmonise Insolvency Laws across Member States
  • Dechert LLP
  • European Union, Global, United Kingdom
  • December 15 2016

The European Commission (EC) announced proposals on 22 November 2016, which are intended to harmonise national insolvency laws across the EU through a


Bail-In, or Just Bailing?
  • Dechert LLP
  • European Union
  • April 25 2016

You know, there's never a dull moment when one reports on the regulatory states' endless and so often fruitless and wrong-headed tinkering with the


Post-Petition Lenders: Does Your Super-Priority Claim Trump Post Conversion Expenses?
  • Dechert LLP
  • USA
  • October 26 2016

While DIP Lenders rightfully negotiate for super-priority administrative expenses which trump post conversion chapter 7 administrative expenses, these


Purchasers of NJ Tax Sale Certificates - What You Include in Your Proof of Claim Can Cause a Loss of Your Claim and Lien
  • Dechert LLP
  • USA
  • November 2 2016

In Princeton Office Park, the U.S. Court of Appeals for the Third Circuit affirmed the bankruptcy and district court rulings that the purchaser of a


Secured creditors in section 363 sales be aware - your proceeds may be used to satisfy the debtor’s unpaid state tax liabilities
  • Dechert LLP
  • USA
  • October 12 2015

It is a basic feature of sales under section 363 of the U.S. Bankruptcy Code, that the purchaser takes free and clear of all claims and interests


Clear contractual terms prevail over equitable principles in bankruptcy cases (again)
  • Dechert LLP
  • USA
  • October 6 2015

Bankruptcy courts in the U.S. are widely viewed as favorable fora for debtors, trustees and creditors' committees to pursue creative and difficult


U.S. Supreme Court holds that out of the money mortgages cannot be stripped off in chapter 7 bankruptcy cases
  • Dechert LLP
  • USA
  • June 5 2015

The U.S. Supreme Court held that a secured creditor in a chapter 7 bankruptcy case is protected from having its lien "stripped off" even if the


Payments to investors in a securitization structure protected from avoidance
  • Dechert LLP
  • USA
  • May 5 2015

In what appears to be a matter of first impression, the U.S. Bankruptcy Court for the Northern District of Illinois recently held that payments made


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