No Procedural Notice, No Problem: 11th Circuit Affirms Due Process Not Violated Where Debtor Provides Actual Notice

Overview

Filed under:
USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court, Eleventh Circuit
Authors:
Matthew Goren , Lauren Tauro
Location:
USA
Firm:
Weil Gotshal & Manges LLP
Eleventh Circuit Agrees with Seventh Circuit that an Unauthorized Bankruptcy Court Order Is Not a “Judgment, Order, or Decree” for Purposes of 28 U.S.C. § 158(d)(2)(A)

In a recent decision, Wortley v.

Filed under:
USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court, Eleventh Circuit
Location:
USA
Firm:
Weil Gotshal & Manges LLP
Whose Rules Are They Anyway? Even in District Court, the Bankruptcy Rules Apply to Proceedings Arising Under Chapter 11

It is spring and the stands will soon ring with the oft-heard refrain, the clarion call of players and fans alike, “Hey ump, read the rules!”  In Rosenberg v.

Filed under:
USA, Arbitration & ADR, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Eleventh Circuit
Location:
USA
Firm:
Weil Gotshal & Manges LLP
The cure: Eleventh Circuit entitles lender to default-rate interest

We have previously discussed default-rate interest and late fees in connection with a secured creditor’s claim.  Can a secured creditor choose to waive one in favor of the other if both are not available?  And when is a secured creditor entitled to default-rate interest in the first place

Filed under:
USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Interest, Default (finance), Secured creditor, United States bankruptcy court, Eleventh Circuit
Location:
USA
Firm:
Weil Gotshal & Manges LLP