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Results: 1-10 of 54

Ninth Circuit Reverses Itself on Payment of Default Interest in Cure Cases
  • Dechert LLP
  • USA
  • November 14 2016

Circuit held that when a chapter 11 debtor cures a default under its loan agreements, the debtor is required to pay default interest as required by


Secured Creditors Beware: Overvalued Properties in Bankruptcy
  • Dechert LLP
  • USA
  • February 11 2016

An overvalued property may now have a bigger impact on a secured creditor's bottom-line during bankruptcy. Splitting with the Seventh Circuit, 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


Clear contractual terms prevail over equitable principles in bankruptcy cases (again)
  • Dechert LLP
  • USA
  • October 6 2015

Bankruptcy courts in the U.S. are widely viewed as favorable fora for debtors, trustees and creditors' committees to pursue creative and difficult


Recent developments in acquisition finance
  • Dechert LLP
  • USA
  • August 18 2014

Several recent legal and regulatory developments in the U.S. will likely alter the makeup of the group of arrangers and financiers willing to arrange


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


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


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


Claims under TBA contracts do not qualify as customers’ claims in broker-dealers’ liquidation
  • Dechert LLP
  • USA
  • December 19 2011

Judge James M. Peck of the United States Bankruptcy Court for the Southern District of New York on December 8, 2011 issued an opinion on a motion of the Lehman Brothers Inc. (“LBI”) trustee (“Trustee”) to confirm his determination that certain claims relating to settled on delivery-versus-payment “to be announced” (“TBA”) contracts do not qualify as customer claims against the LBI estate and therefore are not entitled to Securities Investor Protection Act (“SIPA”) coverage


FDIC issues opinion clarifying treatment of securitizations by financial companies subject to resolution under Title II of the Dodd-Frank Act
  • Dechert LLP
  • USA
  • January 3 2011

Our October 2010 DechertOnPoint "FDIC Begins Action on Its Super-Resolution Rules for Covered Financial Companies" discussed how systemically significant non-bank financial companies ("covered financial companies") may find themselves in unknown territory if the FDIC is appointed receiver for them