Fulltext Search
Tax Groups and Insolvency

When a company is on the brink of entering into insolvency proceedings the tax impact, understandably, may not be at the forefront of everyone’s mind and so may be overlooked. However, entry into liquidation or administration or the appointment of a receiver can have an adverse impact on, and sever, UK tax groups. This can result in (unexpected) tax leakage and further depletion of assets, adding greater pressure to the distressed situation.

United Kingdom, Insolvency & Restructuring, Tax, Weil Gotshal & Manges LLP, Liquidation, Insolvency, HM Revenue and Customs (UK)
VAT Groups and Insolvency

HMRC has recently updated its published guidance on the effect of insolvency on existing VAT groups following appointment of an insolvency practitioner.

The updated guidance

The updated guidance provides that:

United Kingdom, Insolvency & Restructuring, Tax, Weil Gotshal & Manges LLP, Insolvency, HM Revenue and Customs (UK)
Do Bankruptcy Courts Have Jurisdiction Over Out-of-the-Money Claims Disputes?

Claims disputes are “core proceedings” in bankruptcy cases that are subject to the general jurisdiction of bankruptcy courts, subject to exceptions for personal injury tort or wrongful death claims. Under 28 U.S.C.

USA, New Jersey, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Debtor, Wrongful death claim, United States bankruptcy court
Improper Calculation of Postpetition Interest Leads to Reversal of a Confirmation Order

Postpetition interest is a thorny area of bankruptcy law.  The myriad rules, coupled with the inconsistent way in which they are often applied, provide fodder for litigation and opportunity for confusion.  

USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Interest, Foreclosure, Wells Fargo, Ninth Circuit, Bankruptcy Appellate Panel
Delaware Bankruptcy Court Addresses When and Whether Creditors are Entitled to Postpetition Interest in Chapter 11 - Part 4

This is the fourth and final post in our series on Judge Sontchi’s postpetition interest decision in Energy Future Holdings, issued on October 30, 2015.  Our first post in this series analyzed Judge Sontchi’s ruling that postpetition interest on an unsecured claim does not constitute a part of the unsecured claim itself.  Our 

USA, Delaware, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Interest
Delaware bankruptcy court addresses when and whether creditors are entitled to postpetition interest in chapter 11 (part 3)

This is the third post in our series on Judge Sontchi’s postpetition interest decision in Energy Futures Holdings, issued on October 30, 2015. Our first post in this series analyzed Judge Sontchi’s ruling that postpetition interest on an unsecured claim does not constitute a part of the unsecured claim itself.

USA, Delaware, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Interest, United States bankruptcy court
Delaware bankruptcy court addresses when, if ever, unsecured creditors are entitled to postpetition interest in chapter 11 (part 2)

This is the second post in our series on 

USA, Delaware, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Unsecured debt, Interest, United States bankruptcy court
Delaware bankruptcy court addresses when, if ever, unsecured creditors are entitled to postpetition interest (part 1)

The law governing postpetition interest in bankruptcy remains unsettled despite having been subjected to more than 100 years of debate in the federal courts. On October 30, 2015, 

USA, Delaware, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Unsecured debt, Interest, United States bankruptcy court
Banks and Bitcoin exchanges

This is the fifth post in our Bitcoin Bankruptcy series on the Weil Bankruptcy Blog.  We have concluded that a hypothetical U.S.-based bitcoin exchange likely would not constitute a stockbroker or a 

USA, Banking, Insolvency & Restructuring, Internet & Social Media, Weil Gotshal & Manges LLP, Bankruptcy, Bitcoin
Could a Bitcoin exchange be a commodity broker?

This is the fourth post in our Bitcoin Bankruptcy series on the Weil Bankruptcy Blog.

USA, Banking, Insolvency & Restructuring, Internet & Social Media, Weil Gotshal & Manges LLP, Bankruptcy, Bitcoin, Commodity broker