Shmuel Vasser

June 03, 2015 | Corporate Counsel

Do social media accounts constitute property of the bankruptcy estate? A recent case decided by a Texas bankruptcy court suggests that the answer is far from clear.

By Shmuel Vasser and Negisa Balluku

9 minute read

June 03, 2015 | Corporate Counsel

Do social media accounts constitute property of the bankruptcy estate? A recent case decided by a Texas bankruptcy court suggests that the answer is far from clear.

By Shmuel Vasser and Negisa Balluku

9 minute read

May 31, 2013 | New York Law Journal

Dechert partner Shmuel Vasser analyzes a highly controversial opinion in the Sentinel bankruptcy case and the road the court took to reach its decision, avoiding the question of whether the Bankruptcy Code provision in question applied by saying that its application would produce a result "demonstrably at odds with the intentions of its drafters."

By Shmuel Vasser

13 minute read

March 10, 2010 | New York Law Journal

Shmuel Vasser, a partner at Dechert, writes that, at a time when public sentiment seems to be tilting against the bankruptcy safe harbors, the Southern District recently held them to be expansively broad and potentially bringing within their scope transfers not generally viewed as insulated from avoidance.

By Shmuel Vasser

11 minute read

June 05, 2003 | New York Law Journal

By Shmuel Vasser

10 minute read

December 12, 2007 | New York Law Journal

Shmuel Vasser and Peter C. Schechter, partners at Edwards, Angell, Palmer & Dodge, write that the Federal Circuit recently held that a chapter 11 plan that separated the title to a patent from the cause of action for its infringement, extinguished all rights to enforce it. This should serve as a cautionary tale for bankruptcy cases in which feuding parties attempt to slice and dice the estate's intellectual property rights among competing constituencies.

By Shmuel Vasser and Peter C. Schechter

12 minute read

December 13, 2010 | New York Law Journal

Shmuel Vasser, a partner at Dechert, and Janet Bollinger, an associate with the firm, write: Generally, distressed entities can look to the Bankruptcy Code for relief. With respect to Indian tribes, however, there is serious doubt whether the Code is an available avenue, as federally recognized Indian tribes may not qualify as a "debtor" under §109.

By Shmuel Vasser and Janet Bollinger

16 minute read

April 14, 2009 | New York Law Journal

Shmuel Vasser, a partner at Dechert, and Iva Uroic, an associate at the firm, write: A recent bankruptcy decision in the District of Delaware presents serious implications for counterparties to derivative transactions in bankruptcy. Derivatives contracts, especially ones documented on the International Swaps and Derivative Association Inc. forms, often provide that setoff of debts and claims, or netting, is to occur between the counterparties and their affiliates, essentially treating an entity and its affiliates as one entity for setoff purposes.

By Shmuel Vasser and Iva Uroic

13 minute read

December 14, 2009 | New York Law Journal

Shmuel Vasser, a partner at Dechert, and Nicole Duva, an associate at the firm, discuss the recent decision from the Eastern District of Pennsylvania in the Philadelphia Newspapers matter, where the court held that when the sale of the collateral is conducted pursuant to a Chapter 11 plan, the secured lender may not be entitled to credit bid its secured debt. In the current economic environment, the authors write, where credit is tight and many bankruptcy cases are filed in order to consummate sales to the debtors' secured creditors, either via a stand alone sale or a sale under a plan, the significance of this holding cannot be overstated.

By Shmuel Vasser and Nicole Duva

13 minute read

February 15, 2010 | National Law Journal

The recent 7th Circuit ruling affirmed a decision by the Southern District of Indiana, applying New York law, to enjoin payment under a credit-default swap. If extended, the precedent may become a tool for nonparties to stay payment under credit-default swaps or letters of credit until related contract disputes are resolved.

By Shmuel Vasser and Bret Harper

9 minute read