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    It Should Be Settled Law - Unsecured Attorney’s Fees Claims Are Permissible
    2019-06-28

    In Travelers Cas. & Sur. Co. of Am. v. PG&E, 549 U.S. 443 (2007), the Supreme Court held that bankruptcy law does not disallow a post-petition unsecured claim for attorney’s fees to the extent such claim is authorized by a pre-petition contract and not otherwise expressly disallowed. That pronouncement should have stopped all future litigation over the issue. That has not been the case.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Debtor
    Authors:
    Jeffrey N. Rothleder
    Location:
    USA
    Firm:
    Squire Patton Boggs
    That Didn’t Take Long: Ninth Circuit’s Decision in Garvin v. Cook Invs. NW is Challenged
    2019-06-14

    As noted in prior posts, the Ninth Circuit opened the door, albeit narrowly, to cannabis company bankruptcies when it issued its opinion in Garvin v. Cook Invs. NW on May 2, 2019. In Garvin, the Ninth Circuit affirmed the confirmation of a plan of reorganization proposed by the lessor to a marijuana growing operation.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Debtor
    Authors:
    Mark A. Salzberg
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Section 363(o) Implications: Bankruptcy Court Denies Debtor’s Request to Disband Consumer Creditors’ Committee
    2019-06-11

    On May 17, 2019, the Bankruptcy Court for the Southern District of New York announced that the Official Committee of Consumer Creditors (the “Consumer Committee”) appointed in the In re Ditech Holding Corp. bankruptcy case would not be disbanded. Ditech, supported by the ad hoc group of term loan lenders (the “Ad Hoc Group”), had filed a motion requesting that the Consumer Committee be disbanded or alternatively have a limited scope and budget. After receiving objections from the U.S.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Debtor, Title 11 of the US Code
    Authors:
    Kyle F. Arendsen
    Location:
    USA
    Firm:
    Squire Patton Boggs
    When do the Hong Kong Courts have jurisdiction to make a bankruptcy order against a foreign debtor?
    2019-05-30

    Hong Kong is known to be an international business hub, and also serves as a gateway to China’s Belt and Road Initiative, which has over 65 countries participating in developing infrastructure and investment initiatives between East Asia and Europe.

    High value transactions are commonplace and one way to protect the interests of Hong Kong businesses transacting with foreign companies is to seek a guarantee from the directors or shareholders of the foreign company.

    Filed under:
    Hong Kong, Company & Commercial, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Debtor
    Location:
    Hong Kong
    Firm:
    Squire Patton Boggs
    Landlord’s Rights: Enforcement options in insolvency
    2019-03-07

    When dealing with a debtor or a tenant that has fallen behind with its payment obligations, one of the most cost effective ways of a creditor/landlord reducing its exposure against that entity will be to take advantage of a “self-help” remedy, such as taking possession of the entity’s assets and selling them in repayment of the sums owed.

    However, when the entity is the subject of insolvency proceedings, the availability of the various self-help remedies varies depending on:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Real Estate, Squire Patton Boggs, Debtor, Landlord
    Authors:
    Jon Chesman
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Mass Layoffs When Section 363 Sales Fail and Cases Convert: Third Circuit Adopts Probability Standard for WARN Act Liability
    2017-08-14

    On August 4, 2017, the Third Circuit Court of Appeals issued its ruling in Varela v. AE Liquidation, Inc. (In re AE Liquidation, Inc.), 2017 U.S. App. LEXIS 14359 (3d Cir.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Debtor, Liquidation, Worker Adjustment and Retraining Notification Act 1988 (USA), United States bankruptcy court, Third Circuit
    Authors:
    Elliot M. Smith
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Czech Republic introduces new solvency test
    2017-07-13

    On 1 July 2017 a new amendment to the Czech Insolvency Act came into force. One of the most significant changes introduced by the amendment relates to the assessment of insolvency of the debtor, performed by means of the cash-flow insolvency test.

    Under Czech law, the debtor is insolvent if it has several creditors, due and payable debts for more than 30 days, and it is not able to fulfill them.

    Filed under:
    Czech Republic, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Debtor, Market liquidity, Debt
    Authors:
    Markéta Lukešová
    Location:
    Czech Republic
    Firm:
    Squire Patton Boggs
    Weil’s march madness: the 2015 champion is …
    2015-04-10

    “…to be my student, you must develop a taste for victory.”

     Pai Mei, Kill Bill

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Secured creditor
    Authors:
    David Nigel Griffiths
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Can I borrow your cause of action for a minute? Derivative standing in the Seventh Circuit
    2014-12-10

    A debtor’s prepetition causes of action and other legal interests typically become property of the debtor’s estate under section 541 of the Bankruptcy Code. In a chapter 11 case, this often leaves the trustee (or debtor in possession) with the sole authority to pursue – or not pursue – such causes of action postpetition. Although the trustee is generally required to maximize the value of the estate, situations can arise where a trustee refuses to pursue litigation that is otherwise in the estate’s best interest.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Standing (law), Debtor in possession, United States bankruptcy court, Seventh Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Failure to provide a translation does not translate to victory
    2014-08-27

    Proofs of claim filed against a debtor can be as varied as the claimants themselves. Everything from hand-written notes to hundreds of pages of sophisticated corporate documents has been submitted in support of claims. Matters become even more complicated when the claimant is a foreigner relying on foreign law and foreign language documents. In 

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

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