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Results: 1-10 of 77

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


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


LLC agreement prohibiting bankruptcy filing held enforceable
  • Dechert LLP
  • USA
  • December 14 2010

Courts generally agree that pre-petition agreements to forgo the protections of bankruptcy are invalid as against public policy


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


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


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


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


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


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