Firm Articles | Global Insolvency

Class action in bankruptcy: “no representation without designation!” said the Second Circuit

06 January 2015

In a recent decision by the Second Circuit, Lucas v. Dynegy Inc. (In re Dynegy, Inc.), No. 13-2581 (2d. Cir. Oct.

USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Class action, Second Circuit, United States bankruptcy court

Delaware Bankruptcy Court weighs in on subsequent new value circuit split

05 September 2014

Judge Christopher Sontchi of the United States Bankruptcy Court for the District of Delaware has now weighed in on a hotly debated circuit court split.

USA, Delaware, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court, US District Court for District of Delaware

Southern District of New York holds in Madoff that the Bankruptcy Code cannot be used to recover extraterritorial transfers

06 August 2014

Dealing a major blow to the trustee’s efforts to recover fraudulent transfers on behalf of the bankruptcy estate of the company run by Bernard Madoff, Judge Jed S. Rakoff of the United States District Court for the Southern District of New York held in SIPC v. Bernard L. Madoff Investment Securities LLC¹that the Bankruptcy Code cannot be used to recover fraudulent transfers of funds that occur entirely outside the United States.