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    Debt or equity? Which Circuit? Recent cases on equitable recharacterization
    2015-07-15

    Seeking to recharacterize a debt claim as an equity contribution to the debtor through the equitable powers of the bankruptcy court (something we’ve written about quite a bit in our blog) is one way to reduce creditor claims against the bankruptcy estate, but only in certain circuits.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Debt, United States bankruptcy court
    Authors:
    Brenda L. Funk
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Debt or Equity? SDNY Bankruptcy Court Says “Debt” in a Recent Case Involving Recharacterization of a Party’s Debt Claim as Equity
    2021-07-02

    Overview

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Debt, Coronavirus, United States bankruptcy court
    Authors:
    Justin Kanoff
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Comity for Croatia: S.D.N.Y. Decision in Agrokor Reinforces Respect for Foreign Rulings in Chapter 15
    2018-11-20

    In Judge Glenn’s recent lengthy decision recognizing and enforcing a restructuring plan in the chapter 15 proceedings of In re Agrokor1, a Croatian company in Croatian insolvency proceedings, he highlighted that the concept of comity – respect for rulings in other countries – remains an important U.S.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Private Client & Offshore Services, Weil Gotshal & Manges LLP, Debt, Voting, Comity
    Authors:
    Ronit J. Berkovich
    Location:
    Croatia, USA
    Firm:
    Weil Gotshal & Manges LLP
    Court Declines to Convert a Chapter 12 Case to a Chapter 11 Case
    2016-07-15

    Recently, a bankruptcy court in the First Circuit, confronted with whether the debtors’ chapter 12 case could be converted to a chapter 11 case – an issue over which there is split in the case law – determined that the Debtors’ chapter 12 case could not be converted to a chapter 11 case.

    Relevant Statutes and Statutory Provisions:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Debtor, Limited liability company, Debt, Liquidation, Good faith, Secured creditor, Title 11 of the US Code, US Congress, United States bankruptcy court, First Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Supreme Court Construes “Actual Fraud” Broadly, Resolving Circuit Split
    2016-07-14

    A decision from the United States Supreme Court penned by Justice Sonia Sotomayor adopted a broad reading of “actual fraud” in section 523(a)(2)(A) of the Bankruptcy Code, which excepts from discharge debts “obtained by . . .

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Weil Gotshal & Manges LLP, Bankruptcy, Debtor, Fraud, Debt, Dissenting opinion, Common law, Bankruptcy discharge, SCOTUS, United States bankruptcy court, Fifth Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Federal Government Enacts New Restructuring Law for U.S. Territories and Their Instrumentalities
    2016-07-11

    On June 30, 2016, Congress passed and President Obama signed into law a new piece of federal legislation that will govern the restructuring of U.S. territories: Public Law No: 114-187. Although not limited to the Commonwealth of Puerto Rico, enactment of the new law, entitled the Puerto Rico Oversight, Management, and Economic Stability Act or “PROMESA,” represents a bipartisan achievement in the context of a worsening fiscal crisis in Puerto Rico.

    Filed under:
    Puerto Rico, USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Regulatory compliance, Federal preemption, Debt, Economic development, Cashflow, Title 11 of the US Code, US Congress, First Circuit
    Authors:
    Gabriel A. Morgan
    Location:
    Puerto Rico, USA
    Firm:
    Weil Gotshal & Manges LLP
    Lesson Learned: Sometimes Paying Zero Is Still Too Much for Student Debtors
    2016-07-05

    As we have discussed in prior blog posts, The Battle of the Student Loan Discharge, The Eternal Pursuit to Collect: Due Process Rights and Actions to Collect on a Debtor’s Defaulted Student Loans

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Public, Weil Gotshal & Manges LLP, Bankruptcy, Credit (finance), Debtor, Interest, Debt, Due process, Balance sheet, Bankruptcy discharge, Eighth Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    EFH Court Refuses to Entertain “Legal Fiction,” Dismisses First-Lien Trustee’s Turnover Action Against Second-Lien Noteholders to Recover Make-Whole Not Payable by Debtors
    2016-06-27

    Earlier this month, Judge Sontchi dismissed an intercreditor adversary complaint filed in 2014 by the Energy Future Holdings (“EFH”) first-lien trustee against the second-lien noteholders. At issue in this decision, Delaware Trust Co. v. Computershare Trust Co.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Debtor, Debt, Trustee
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Directors’ duties
    2009-02-06

    The following is a broad overview of the duties and liabilities of directors when their company is in financial difficulties. It is a general guide only and there will be variations according to the specific laws in each jurisdiction.  

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Norton Rose Fulbright, Public company, Confidentiality, Shareholder, Breach of contract, Fraud, Fiduciary, Board of directors, Debt, Liability (financial accounting), Liquidation, Good faith, Balance sheet, Cashflow, Liquidator (law)
    Location:
    United Kingdom
    Firm:
    Norton Rose Fulbright
    Asia restructuring and insolvency briefing - Taiwan
    2009-01-30

    What are the options for companies in financial difficulty in Taiwan?

    If the company is listed on the Taiwan stock exchange, then the company may pursue a formal reorganisation as set forth under Article 282 of the Company Act.  

    If a listed company (as referred to above) is unable to pursue reorganisation, and in respect of all other companies, a company will enter into a formal bankruptcy procedure under the Bankruptcy Act in order to implement an equitable and orderly repayment scheme amongst its creditors.  

    Filed under:
    Insolvency & Restructuring, Norton Rose Fulbright, Share (finance), Public company, Bankruptcy, Shareholder, Debtor, Board of directors, Debt, Liquidation, Prejudice, Debt restructuring, Trustee
    Location:
    Taiwan
    Firm:
    Norton Rose Fulbright

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