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    Three’s a crowd: payoffs, numerosity, and involuntary petitions
    2015-03-10

    Debtors seeking dismissal of an involuntary bankruptcy proceeding may want to consider a recent decision of the Bankruptcy Court for the District of Columbia.  In denying an individual debtor’s motion to dismiss an involuntary petition, the court in In re Barkats held that a debtor may not pay off petitioning creditors to the detriment of other creditors as a way of avoiding an involuntary p

    Filed under:
    USA, District of Columbia, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Bankruptcy court declines to force municipality into mediation of dispute unrelated to Chapter 9
    2014-06-13

    Readers may recall that, according to at least one bankruptcy court, chapter 9 debtors are not required to obtain bankruptcy court approval of compromises and settlements.

    Filed under:
    USA, Arbitration & ADR, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Debtor, Mediation, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    How to get a mediator appointed in a bankruptcy case (hint: in some courts, it’s easier if she wasn’t a bankruptcy judge)
    2015-02-10

    “[W]hat I do have are a very particular set of skills, skills I have acquired over a very long career…” – Bryan Mills (Liam Neeson), Taken

    Filed under:
    USA, Texas, Arbitration & ADR, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Mediation, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Clean up for what?! After enough time, you can leave your mess behind
    2014-06-12

    What do you get when you combine a 20+ year old bankruptcy, a contaminated landfill, and a state regulatory agency that moves at a glacial pace? The answer: In re Solitron Devices, Inc., a recent decision from the Bankruptcy Court for the Southern District of Florida.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Contamination, Bankruptcy, United States bankruptcy court, Eleventh Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Drilling down: a deeper look into the distressed oil & gas industry part 3—the ability to assume or reject oil and gas leases
    2015-02-05

    Today’s blog article, which looks at the ability of a debtor to assume, assign, or reject oil and gas “leases” under section 365 of the Bankruptcy Code, is the third in the Weil Bankruptcy Blog series, “Drilling Down,” where we review issues at the intersection of the oil and gas industry and bankruptcy law.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Debtor
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Wave goodbye to bankruptcy waivers? (court rules LLC’s prepetition waiver of bankruptcy protection contrary to public policy)
    2014-05-30

    Secured creditors naturally want to be repaid. Sometimes secured creditors go as far as asking a debtor to waive its right to seek bankruptcy protection. Although such clauses are frequently held to be unenforceable, we previously have discussed exceptions for LLCs.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Media & Entertainment, Weil Gotshal & Manges LLP, Bankruptcy, Debtor, Waiver, Secured creditor, Ninth Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Could a Bitcoin exchange be a commodity broker?
    2015-02-02

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

    Filed under:
    USA, Banking, Insolvency & Restructuring, Internet & Social Media, Weil Gotshal & Manges LLP, Bankruptcy, Bitcoin, Commodity broker
    Authors:
    Scott Bowling
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Third Circuit questions ability of bankruptcy proceedings to discharge tort claims for latent disease
    2014-05-29

    Earlier this week, the Third Circuit affirmed a federal bankruptcy court’s dismissal of a mesothelioma claim against a bankrupt oil company that arose as an adversary proceeding fifteen years after the bankruptcy plan was confirmed and discharged all outstanding claims.  The Circuit held that because the parties conceded the claim arose at the time of the victim’s asbestos exposure, which pre-dated the defendant’s bankruptcy, a

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Constructive notice, Bankruptcy discharge, Third Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Banks and Bitcoin exchanges
    2015-06-29

    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 

    Filed under:
    USA, Banking, Insolvency & Restructuring, Internet & Social Media, Weil Gotshal & Manges LLP, Bankruptcy, Bitcoin
    Authors:
    Scott Bowling
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Postpetition ratification of prepetition stay waivers – a possible end around of the general prohibition against prepetition waivers of bankruptcy rights?
    2015-01-15

    “The past can’t hurt you anymore, not unless you let it.” – Alan Moore, V for Vendetta

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Debtor, Debtor in possession
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

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