Breach of contract | Global Insolvency

Broad amendment provisions in intercreditor agreement pose significant risks to unwary subordinate lien creditors

26 February 2008

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MAC clause asserted to prevent liability for exit financing in Solutia bankruptcy proceeding

11 February 2008

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Bankruptcy Appellate Panel says Section 510(b) may effectively extinguish fraud, breach of contract claims arising from purchase of LLC interests

06 March 2008

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Claims denominated in foreign currency must be converted into US dollars as of petition date

06 March 2008

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Breach of fiduciary duty by insiders of Chapter 11 debtors

12 March 2008

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Debtor should consider whether creditor has set-off rights before rejecting executory contracts

25 April 2008

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American Home court expands scope of repo safe harbor

29 May 2008

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Bankruptcy court imposes Caremark duties on general counsel

27 May 2008

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Deepening insolvency claims in disguise: Delaware Bankruptcy Court revisits Trenwick decision

13 May 2008

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Court orders adverse inference instruction after defendants fail to preserve evidence

12 May 2008

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