“I’m inconsistent, even to myself.”

-Bob Dylan

The bankruptcy process is often long and arduous for clients, whether debtor or creditor, and their counsel.  Bankruptcy courts feel the pain, too.  So, when we finally reach the glorious goal of plan confirmation, most revel in the conclusion of the plan process.  Though often considered anathema, appeals of plan confirmation orders are sometimes pursued.  Recognizing the public policy desire for finality in bankruptcy proceedings, the Eighth Circuit applies the “person-aggrieved” doctrine in determining whether an appellant has standing to appeal a plan confirmation or

Section 363(b) of the Bankruptcy Code affords debtors flexibility to sell assets outside of the ordinary course of business after notice and a hearing.  This right is supported by 

Starting today, you may notice a new look for some of the forms used in bankruptcy cases.  Some of the key forms now make a distinction between non-individual bankruptcy cases and business bankruptcy cases.  For your convenience, we are attaching some of the key forms used in business bankruptcy cases.  

The following are among the changes to the less compact form of petition for business bankruptcies:

We hope you are emerging from your sugar coma and ready for some easy to digest morsels of the Weil Bankruptcy Blog.  With this entry, we summarize the blog entries from the second half of October. 

In a Twist, Court Finds That Junior Stakeholders Violated Their Implied Duties Under an Indenture

Congress made clear in its enactment of section 503(b)(3)(D) of the Bankruptcy Code that, to the extent a creditor makes a substantial contribution in a chapter 9 or chapter 11 bankruptcy case, that creditor should be rewarded.  Because the reward — reimbursement of fees and expenses as administrative expenses of the estate —

In resolving a motion for leave to file an amended complaint to add new claims, the United States Bankruptcy Court for the Southern District of New York in Hosking v.

We have previously discussed default-rate interest and late fees in connection with a secured creditor’s claim.  Can a secured creditor choose to waive one in favor of the other if both are not available?  And when is a secured creditor entitled to default-rate interest in the first place

It has been a few years since we at the Blog have discussed the Barton doctrine, the common law bankruptcy rule requiring a party to seek leave from the appointing court before suing a court-appointed receiver (see here and 

One year ago when the German out-of-court restructuring regime, StaRUG, came into force, people hoped for it to be the beginning of a new viable rescue culture in Germany.

Whilst generally not public, it appears there have been substantially more professional articles covering StaRUG than cases themselves (believed to be around 10-20 for the year).