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Results: 1-10 of 77

“Officer” titles do they confer insider status?
  • Dechert LLP
  • USA
  • September 24 2014

Insider status in U.S. bankruptcy carries with it significant burdens. Insiders face a one year preference exposure rather than the 90 day period


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


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


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


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


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


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


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


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


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