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Results: 1-10 of 85

Second Circuit Limits Creditors’ Ability to Claw Back LBO Payments
  • Dechert LLP
  • USA
  • April 15 2016

A recent decision by the U.S. Court of Appeals for the Second Circuit, In re Tribune Company Fraudulent Conveyance Litigation, represents a


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


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


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


Recent Developments in Acquisition Finance
  • Dechert LLP
  • USA
  • March 29 2016

Two recent court decisions may affect an equity sponsor's options when deciding whether and how to put money into - or take money out of - a


Fifth Circuit holds foreign representatives may bring foreign law avoidance actions under Chapter 15 of Bankruptcy Code
  • Dechert LLP
  • USA
  • April 5 2010

The United States Court of Appeals for the Fifth Circuit on March 17, 2010 held that foreign representatives appointed in a foreign insolvency proceed-ing have the authority to bring a foreign law based avoidance action in an ancillary bankruptcy proceeding commenced under Chapter 15 of the Bankruptcy Code, reversing the lower court opinions


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


SEC and FDIC Propose Dodd-Frank Broker-Dealer Resolution Rules
  • Dechert LLP
  • USA
  • April 7 2016

The bridge broker or dealer succeeds to all of registrations and memberships of the covered broker or dealer undergoing liquidation, including: those


Recent developments in acquisition finance
  • Dechert LLP
  • USA
  • October 7 2015

When a portfolio company underperforms, a sponsor may consider various options to address the perceived performance issues, including changes to 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