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Second Circuit Limits Creditors’ Ability to Claw Back LBO Payments
  • Dechert LLP
  • USA
  • April 15 2016

A recent decision by the U.S. Court of Appeals for the Second Circuit, In re Tribune Company Fraudulent Conveyance Litigation, represents a


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


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


Fifth Circuit holds foreign representatives may bring foreign law avoidance actions under Chapter 15 of Bankruptcy Code
  • Dechert LLP
  • USA
  • April 5 2010

The United States Court of Appeals for the Fifth Circuit on March 17, 2010 held that foreign representatives appointed in a foreign insolvency proceed-ing have the authority to bring a foreign law based avoidance action in an ancillary bankruptcy proceeding commenced under Chapter 15 of the Bankruptcy Code, reversing the lower court opinions


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


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


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


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


SEC and FDIC Propose Dodd-Frank Broker-Dealer Resolution Rules
  • Dechert LLP
  • USA
  • April 7 2016

The bridge broker or dealer succeeds to all of registrations and memberships of the covered broker or dealer undergoing liquidation, including: those


Recent Developments in Acquisition Finance
  • Dechert LLP
  • USA
  • March 29 2016

Two recent court decisions may affect an equity sponsor's options when deciding whether and how to put money into - or take money out of - a