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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 2

Today, we follow up on our earlier post where we reviewed the United States Bankruptcy Court for the District of Delaware’s decision in Energy Future Holdings

USA, Delaware, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court
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
Primer for construction bankruptcies

In general, a company has two bankruptcy alternatives: liquidation under Chapter 7 and reorganization under Chapter 11.

Under Chapter 7, upon the filing of a bankruptcy petition, a trustee is appointed to gather and sell all of the debtor’s assets as quickly as possible. Once the trustee liquidates all of the assets, it must pay creditors in accordance with the priority scheme mandated by the Bankruptcy Code:

USA, Construction, Insolvency & Restructuring, Mintz, Bankruptcy, Debtor, Breach of contract
Building success despite failure

In today’s economy, we continue to see bankruptcies occurring in the construction sector. An owner, contractor, or subcontractor in financial distress can easily delay a project — or worse, jeopardize the project in its entirety. Contractors need to understand their rights in order to minimize their exposure in bankruptcy-related situations.

Protecting Contractors — Frequently Asked Questions

USA, Construction, Insolvency & Restructuring, Mintz, Bankruptcy, Debtor, General contractor, Subcontractor