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    Contract remedies in the face of imminent default – what happens to state law adequate assurance and anticipatory breach in bankruptcy?
    2014-06-16

    In the approach to bankruptcy, struggling businesses may experience problems performing their contracts, and counterparties often see trouble on the horizon. What can a non-debtor counterparty do to protect itself? And how are its rights impaired when the debtor finally commences a bankruptcy case?

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Debtor, Breach of contract
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Deprizio, Shmeprizio: a waiver of indemnification can shield an insider guarantor from liability (at least in the Ninth Circuit)
    2015-05-21

    Can a waiver of rights ever be beneficial to the person granting the waiver?  Yes.  In In re Adamson Apparel, the Court of Appeals for the Ninth Circuit held, in a 2-1 

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Surety, Debtor, Waiver, Ninth Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    ABI chapter 11 Reform Commission series: small and medium sized debtor enterprises
    2015-01-28

    As a part of our continuing coverage of the 2012-2014 Final Report and Recommendations of the American Bankruptcy Institute’s Commission to Study the Reform of Chapter 11, we’ve reported on a number of the Commission’s proposed revisions and reforms to the Bankruptcy Code, many of which (i.e., systemically important financial institutions, cross-border cases, DIP financing, etc.) primarily impact the traditional big players i

    Filed under:
    USA, Insolvency & Restructuring, Weil Gotshal & Manges LLP, Debtor, Liability (financial accounting)
    Authors:
    Matthew Goren
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Court denies administrative priority status to seller whose goods were not received by the debtor
    2014-09-18

    Since it burst onto the Bankruptcy Code scene in 2005 with the passage of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), section 503(b)(9) of the Bankruptcy Code, which affords a creditor administrative priority for the value of goods the debtor received within 20 days prior to its bankruptcy fi

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor
    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
    We work hard for the money: Supreme Court rules that a debtor who converts from chapter 13 to chapter 7 is entitled to any postpetition wages held by the chapter 13 trustee at the time of conversion
    2015-05-19

    “I get knocked down / But I get up again / You’re never gonna keep me down.”

     – Chumbawumba

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, SCOTUS
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Want to shop? Don’t let bankruptcy stop you!
    2015-01-21

    The automatic stay is a powerful tool of the Bankruptcy Code, affording debtors a breathing spell from creditors seeking payment. Section 362(k)(1) of the Bankruptcy Code reinforces the stay by allowing individual debtors to recover actual and punitive damages for willful violations.

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    I hear nothing, I see nothing, I know nothing: Third Circuit says transferee’s knowledge not relevant to establishing fraudulent transfer claims
    2014-09-17

    The extent of a transferee’s knowledge in the context of fraudulent transfer claims under the Bankruptcy Code has been a frequent topic of discussion on the Weil Bankruptcy Blog.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Fraud, United States bankruptcy court, Third Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Recent bankruptcy court decision renews debate over artificial impairment
    2014-06-04

    Real estate lenders should be aware of a 

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, United States bankruptcy court
    Authors:
    Matthew Goren
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Remembering Harvey R. Miller: the evolution and changing environment of bankruptcy reorganization law and practice
    2015-04-29

    In yesterday’s post, we published a speech in which Harvey Miller discussed how he got started practicing bankruptcy law.  Today, we are publishing the text of a speech that Harvey gave in March of 2014 on the 40th anniversary of the Southeastern Bankruptcy Law Institute, at which Harvey was a frequent speaker.  In this speech, Harvey looked back at the evolution of bankruptcy law over the past 50 years.

    Introduction

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

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