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Results: 1-10 of 130

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


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


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


Litigation Funder Communications Protected by the Attorney-Client Privilege and Work Product Doctrine
  • Dechert LLP
  • USA
  • June 8 2016

Addressing a novel issue in In re: International Oil Trading Company, LLC, 548 B.R. 825 (Bankr. S.D. Fla. 2016), the United States Bankruptcy Court


Section 1111(b) Election Not Available When Collateral Is Sold Post Petition
  • Dechert LLP
  • USA
  • May 24 2017

Under section 1111(b) of the U.S. Bankruptcy Code, a non-recourse secured creditor that holds "a claim secured by a lien on property of the estate" is


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


Purchasers of NJ Tax Sale Certificates - What You Include in Your Proof of Claim Can Cause a Loss of Your Claim and Lien
  • Dechert LLP
  • USA
  • November 2 2016

In Princeton Office Park, the U.S. Court of Appeals for the Third Circuit affirmed the bankruptcy and district court rulings that the purchaser of a


Settlement finality and financial collateral arrangements: revised UK legislation
  • Dechert LLP
  • United Kingdom
  • January 13 2011

On 16 December 2010, HM Treasury published a revised draft of the Financial Markets and Insolvency (Settlement Finality and Financial Collateral Arrangements) (Amendment) Regulations 2010 (SI 20102993) (the "Amending Regulations"


Investor strategies to realize returns in troubled situations
  • Dechert LLP
  • USA
  • December 13 2010

The year 2009 set a record for defaults and restructurings


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