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United States: In GM, Second Circuit Takes a Wrong Turn on Its Treatment of Unknown Claims

The decision of the United States Court of Appeals for the Second Circuit in In re Motors Liquidation Company is yet the latest case to show the difficulty in using the bankruptcy process to resolve tort claims.[1]

The Background Basics

USA, Insolvency & Restructuring, Litigation, Product Regulation & Liability, Baker McKenzie, General Motors, Second Circuit, United States bankruptcy court
What’s a Cure, Anyway? Ninth Circuit Holds Creditor Entitled to Post-Default Interest Rate

In early November, the Ninth Circuit held in In re New Investments, Inc. that a debtor was required to “cure” defaults to an agreement using a post-default interest rate, overturning its prior, decades-old decision In re Entz-White Lumber & Supply, Inc., which had held that a debtor could cure agreements at pre-default interest rates.

Background

USA, Company & Commercial, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
Keep Your Fights Out of Bankruptcy Court: Bad Faith Involuntary Petitions

Creditors seeking to file an involuntary petition against a debtor may want to consider doing their due diligence before using it as a tool in their ongoing disputes with a debtor.

USA, Delaware, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Due diligence, Bad faith, Collateralized debt obligation, United States bankruptcy court, US District Court for District of Delaware