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What the future holds for make-whole claims in bankruptcy: examining the energy future holdings EFIH first lien make-whole decision – part 1

Two recent decisions from large and highly contested chapter 11 cases add to the developing body of case law on the treatment of make-whole claims in bankruptcy.  First, in a two-part post, we discuss the United States Bankruptcy Court for the District of Delaware’s decision in Energy Future Holdings, and later, in a follow-up post, we discuss the United States District Court for the Southern District of

USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, United States bankruptcy court
Delaware Bankruptcy Court provides further guidance on the contours of the common interest doctrine

We admit, discovery disputes rarely make for titillating blog posts. But a letter ruling issued towards the end of last year by Judge Shannon in Longview Power, LLC et al. v. First American Title Insurance Co. recently caught our eye.

USA, Delaware, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Interest, Work-product doctrine, United States bankruptcy court
Momentous decision in Momentive Performance Materials Part IV: make-wholes and third party releases

This is the last entry in our four-part series analyzing Judge Drain’s widely read bench ruling issued on August 26, 2014 in connection with the confirmation hearing of Momentive Performance Materials and its affiliated debtors.

USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
Peering through the muck again: another court analyzes whether LLC operating agreements are property interests or executory contracts

We’ve previously focused here and here on the split in

USA, South Carolina, Company & Commercial, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
House Committee on Financial Services holds hearing on Lehman Bankruptcy examiner’s report

On April 20, the House Committee on Financial Services held a hearing to discuss public policy issues raised by last month’s report of court-appointed bankruptcy examiner for Lehman Brothers Holdings Inc. (Lehman Brothers), Mr. Anton R. Valukas. The Committee heard testimony from the following witnesses:

Panel One:

USA, Capital Markets, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Audit, Board of directors, Accounting, Defamation, Balance sheet, US Securities and Exchange Commission, Federal Reserve (USA), FSAB, US House Committee on Financial Services, Chair of the Federal Reserve, Lehman Brothers, Ernst & Young, Chief executive officer