We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 77

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


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


Section 546(e) protects two tiered securitization structures
  • Dechert LLP
  • USA
  • May 5 2015

What happens when a debtor, whose loan is pooled and securitized, files for bankruptcy? Are payments made to investors recoverable as fraudulent


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


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


Bankruptcy court limits applicability of section 546(e) Securities safe harbor to public securities
  • Dechert LLP
  • USA
  • May 2 2011

Section 546(e) of the Bankruptcy Code provides a “safe-harbor” for certain transfers involving the purchase or sale of securities and protects those transfers from avoidance as constructive fraudulent transfers or preferences


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


Institutions of higher education and access to bankruptcy: are things as simple as they seem?
  • Dechert LLP
  • USA
  • May 18 2015

Recently, Corinthian Colleges, Inc., one of the United States' largest for-profit educational conglomerations with 72,000 students across 107


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


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