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District Court Upholds Damage Limitations for Lender’s Refusal to Fund: Lyondell Revisited
  • Kramer Levin Naftalis & Frankel LLP
  • USA
  • March 29 2018

In the August 2017 issue of Debt Dialogue, we discussed the recent decision by Judge Martin Glenn of the U.S. Bankruptcy Court for the Southern

Recent Developments in Acquisition Finance
  • Dechert LLP
  • USA
  • July 17 2017

Basic to any acquisition and its financing are the projections of the target's future performance. These play a key role in setting the price for the

Refusing to Fund Into a Bankruptcy: Lessons From Lyondell for Lenders
  • Kramer Levin Naftalis & Frankel LLP
  • USA
  • June 29 2017

In the May 2017 issue of Debt Dialogue, we discussed the recent decision by Judge Martin Glenn of the U.S. Bankruptcy Court for the Southern District

Lyondell Chemical Company: Litigation Trust’s Fraudulent Conveyance Claims Fail
  • Kramer Levin Naftalis & Frankel LLP
  • USA
  • May 30 2017

Just one year after Lyondell Chemical Company (Lyondell) and Basell AF (Basell) consummated a nearly $20 billion merger of their businesses, the

August 2016 Bankruptcy & Restructuring Litigation Update
  • Quinn Emanuel Urquhart & Sullivan LLP
  • USA
  • August 16 2016

In recent years, several bankruptcy and district courts have addressed whether the safe harbor provision of the Bankruptcy Code, 11 U.S.C. 546(e

Troubled Waters: The Raging Storm Over Safe Harbors
  • Reed Smith LLP
  • USA
  • August 3 2016

Two United States courts recently issued decisions involving the scope of the Bankruptcy Code's safe-harbor provision in section 546(e) related to

Delaware Bankruptcy Court Declines to Follow Second Circuit and Holds Safe Harbors Do Not Apply to Some State Law Fraudulent Conveyance Claims
  • Hunton & Williams LLP
  • USA
  • July 21 2016

The Bankruptcy Court for the District of Delaware recently held that the Bankruptcy Code Section 546(e) safe harbors do not prevent a liquidation

Do Bankruptcy Code clawback provisions reach transactions occurring in other countries?
  • Caplin & Drysdale, Chartered
  • USA
  • June 17 2016

In a world of free-ranging capital and cross-border transactions, the question of whether US courts will apply US law to transactions taking place in

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

Southern District of New York Bankruptcy Court Rules That Avoidance Powers Apply Extraterritorially
  • Jones Day
  • USA
  • March 22 2016

Over the past 21 years, two U.S. district court judges in the Southern District of New York have held that the avoidance powers conferred on a