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Results: 1-10 of 102

U.S. Supreme Court holds implied consent sufficient for bankruptcy court jurisdiction
  • Dechert LLP
  • USA
  • May 28 2015

On May 26, the U.S. Supreme Court held that, so long as parties knowingly and voluntarily consent, a bankruptcy court can issue final orders on


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


The Fifth Circuit shifts the risk of doing business with fraudulent enterprises to trade creditors
  • Dechert LLP
  • USA
  • April 7 2015

When a debtor pays the market cost for goods and services provided to it by third-party vendors, these payments normally cannot be recovered as


Recent Developments in Acquisition Finance
  • Dechert LLP
  • USA
  • June 30 2016

Private equity sponsors should be aware of two recent court decisions. One involves fiduciary duties under state law that may be owing to a limited


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


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


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


The Delaware Bankruptcy Court confirms that lenders in multiple-level financing structures are entitled to the protections of corporate separateness
  • Dechert LLP
  • USA
  • February 3 2012

The Delaware Bankruptcy Court has confirmed that in multiple-debtor chapter 11 cases, the cramdown rules set forth in section 1129(a)(10) of the Bankruptcy Code must be applied on a per debtor basis as opposed to a per plan basis


FDIC begins action on its super-resolution rules for Covered Financial Companies
  • Dechert LLP
  • USA
  • October 20 2010

Title II of the Dodd-Frank Act establishes a new non-judicial receivership alternative for resolving troubled financial companies that could threaten the stability of the U.S. financial system (“Covered Financial Companies”), as described further below


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