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Results: 1-10 of 125

Absolute Priority Remains Absolute - US Supreme Court Holds Structured Dismissals Cannot Violate Priority Rules
  • Dechert LLP
  • USA
  • March 23 2017

In a highly anticipated bankruptcy opinion, the United States Supreme Court, in Czyzewski v. Jevic Holding Corp., held that courts may not approve


European Commission Proposes to Harmonise Insolvency Laws across Member States
  • Dechert LLP
  • European Union, Global, United Kingdom
  • December 15 2016

The European Commission (EC) announced proposals on 22 November 2016, which are intended to harmonise national insolvency laws across the EU through a


Substantive Consolidation: It’s Alive and Well (or Maybe Just Alive)
  • Dechert LLP
  • USA
  • February 9 2017

The doctrine of substantive consolidation (generally- the power of a bankruptcy court to consolidate the assets and liabilities of affiliated entities


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


Directors, Officers and Other Responsible Persons Be Aware - Your Vicarious Liability for Your Company’s Violations of Securities Laws May Not Be Dischargeable
  • Dechert LLP
  • USA
  • March 6 2017

A debtor ordinarily may discharge debts in bankruptcy, unless one of several exceptions apply. One of the preclusions to dischargeability of certain


Does “Act” Mean Also a Failure to Act?
  • Dechert LLP
  • USA
  • March 2 2017

No, says the U.S. Court of Appeals for the Tenth Circuit in In re Cowen, adopting the minority rule and parting ways with four other Courts of Appeals


D&Os - Be Aware of Creditor Exclusion in Your Insurance Coverage
  • Dechert LLP
  • USA
  • October 11 2016

The U.S. Court of Appeals for the Fifth Circuit recently held that a Creditor Exclusion provision in D&O insurance coverage may result in significant


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


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


Post-Petition Lenders: Does Your Super-Priority Claim Trump Post Conversion Expenses?
  • Dechert LLP
  • USA
  • October 26 2016

While DIP Lenders rightfully negotiate for super-priority administrative expenses which trump post conversion chapter 7 administrative expenses, these