Fulltext Search
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
Who should hold the bag for employment liabilities when the portfolio company goes “belly-up”? The private equity firm, maybe.

In the world of private equity, vast sums of money are raised by private investors who pool their money into collective funds in order to acquire companies, i.e., a “portfolio company”, with the goal of eventually flipping the portfolio company at a significant profit. Sometimes, however, that bet goes wrong, and the portfolio company is sold at a loss or, worse, liquidated in bankruptcy.

USA, Corporate Finance/M&A, Employment & Labor, Insolvency & Restructuring, Litigation, Mintz, Private equity, Angel investor, Worker Adjustment and Retraining Notification Act 1988 (USA)