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    Exelco’s US Chapter 11 Case Dismissed in Favor of Belgian Proceeding
    2018-01-13

    The Delaware Bankruptcy Court recently dismissed a Chapter 11 bankruptcy case pending before it and recognized, under Chapter 15 of the Bankruptcy Code, the debtor’s bankruptcy proceeding in Belgium. Exelco NV (“Exelco”), a Belgian diamond distributor, owed KBC Bank NV (“KBC”) approximately US$14 million. KBC’s debt was secured by a pledge on essentially all of Exelco’s assets. Exelco’s debt was also guaranteed by an affiliated company and certain individuals. When Exelco defaulted on its debt obligations, KBC commenced a sort of involuntary insolvency proceeding in Belgium.

    Filed under:
    Belgium, USA, Insolvency & Restructuring, Litigation, Dechert LLP
    Location:
    Belgium, USA
    Firm:
    Dechert LLP
    House Bill Would Amend the Bankruptcy Code to Provide for the Resolution of Large Insolvent Financial Institutions
    2017-04-06

    A U.S. House of Representatives Bill would amend the Bankruptcy Code to establish new provisions to address the special issues raised by troubled nonbank financial institutions.

    Please click here to view table

    Filed under:
    USA, Insolvency & Restructuring, Dechert LLP, Title 11 of the US Code
    Authors:
    Shmuel Vasser
    Location:
    USA
    Firm:
    Dechert LLP
    General Motors: Protection Granted in Section 363 Sale Orders is Only as Good as the Notice Given
    2016-07-18

    In a recent decision by the U.S. Court of Appeals for the Second Circuit in the General Motors case, the court held certain claimants were not afforded procedural due process with respect to the § 363 sale of General Motor Corporation’s assets in the bankruptcy case. As a result, the assets were not sold free and clear of these claims, and these claimants may now seek recovery against New GM.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Dechert LLP, General Motors, Second Circuit
    Location:
    USA
    Firm:
    Dechert LLP
    U.S. Supreme Court holds implied consent sufficient for bankruptcy court jurisdiction
    2015-05-28

    On May 26, the U.S. Supreme Court held that, so long as parties knowingly and voluntarily consent, a bankruptcy court can issue final orders on matters that it otherwise would not have the constitutional authority to decide. In Wellness Int’l Network v. Sharif,1 a highly anticipated decision, the majority of the Supreme Court delivered a pragmatic opinion that quelled fears stemming from the Court’s 2011 decision in Stern v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Dechert LLP, Article III US Constitution, United States bankruptcy court
    Location:
    USA
    Firm:
    Dechert LLP
    Pending Bill would expand FTC powers over drug patent settlements and alter the legal test
    2013-02-14

    Key Points

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patents, Dechert LLP, Federal Trade Commission (USA)
    Location:
    USA
    Firm:
    Dechert LLP
    Bankruptcy court limits applicability of section 546(e) Securities safe harbor to public securities
    2011-05-02

    Introduction

    Filed under:
    USA, New York, Capital Markets, Insolvency & Restructuring, Litigation, Dechert LLP, Shareholder, Debtor, Security (finance), Consideration, Leveraged buyout, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Dechert LLP
    Indenture Trustees Must Provide Substantial Contribution to Qualify for Administrative Expense
    2021-05-13

    The United States Bankruptcy Court for the Southern District of Texas recently clarified the administrative expense standard applicable to indenture trustees by holding that they can recover fees and expenses as administrative expenses only when they make a “substantial contribution.” This standard requires a greater showing than “benefit to the estate,” which is the general administrative expense standard. In re Sanchez Energy Corp., No. 19-34508 (Bankr. S.D. Tex. May 3, 2021).

    Background

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Dechert LLP
    Authors:
    Shmuel Vasser
    Location:
    USA
    Firm:
    Dechert LLP
    Avoidance Kept at Bay: Bank Customers as “Financial Institutions” Under the 546(e) Securities Safe Harbor
    2020-06-25

    Analyzing the inner workings of the elements required for the securities contract “safe harbor” protection under Section 546(e) of the Bankruptcy Code, the Bankruptcy Court for the SDNY dismissed a complaint seeking to recover approximately US$1 billion in allegedly fraudulent transfers brought against various transferees as part of the Boston Generating Chapter 11 case.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Dechert LLP, Title 11 of the US Code, Second Circuit
    Authors:
    Shmuel Vasser , Yehuda Goor
    Location:
    USA
    Firm:
    Dechert LLP
    Second Circuit Paves a Way to Protect LBO Payments from Avoidance Actions
    2020-01-22

    The Second Circuit Court of Appeals recently held in In re Tribune Company Fraudulent Conveyance Litigation, No. 13-3992-cv (L) (2d Cir., Dec. 19, 2019) that Bankruptcy Code Section 546(e) barred claims seeking to avoid payments made by Tribune to its shareholders as part of a leveraged buyout (LBO).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Dechert LLP, Second Circuit
    Authors:
    Shmuel Vasser , Alaina Heine
    Location:
    USA
    Firm:
    Dechert LLP
    Is Your Approved Break-Up Fee Safe?
    2019-01-03

    After Energy Future Holdings (EFH), maybe not so much. The size of the break-up fee approved by the bankruptcy court in EFH was undoubtedly large by any account – US$275 million. But it was approved following all necessary filings, notice and hearings. All parties and counsel involved were highly sophisticated and experienced. The court that approved the fee was the Delaware bankruptcy court, by all accounts one of the most experienced and sophisticated bankruptcy courts in the nation. And there wasn’t even a hint of fraud, misrepresentation or failure to disclose material facts.

    Filed under:
    USA, Delaware, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Dechert LLP, United States bankruptcy court, Third Circuit
    Location:
    USA
    Firm:
    Dechert LLP

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