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    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
    ABI chapter 11 Reform Commission series: oversight of the case (part II, professional and compensation issues)
    2015-01-12

    As part of the Weil Bankruptcy Blog’s series on the recently released ABI Commission Report, we previously discussed the ABI Commissions’ recommendations on managem

    Filed under:
    USA, Insolvency & Restructuring, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    If it looks like a duck and quacks like a duck, then…: Kansas bankruptcy court finds car “lease” is a disguised financing based on economic realities of transaction
    2014-12-04

    When a contract looks like a lease, but operates more like a security agreement, how should the contract be treated in bankruptcy? The United States Bankruptcy Court for the District of Kansas recently considered this question in 

    Filed under:
    USA, Kansas, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Court considers corporate insolvency provision in the context of a share redemption
    2014-11-10

    This article has been contributed to the blog by Joshua Hurwitz and Waleed Malik.

    Filed under:
    Canada, British Columbia, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Share (finance), Shareholder, Articles of incorporation
    Location:
    Canada
    Firm:
    Weil Gotshal & Manges LLP
    Post-filing interest in a CCAA proceeding: Re Nortel Networks Corp.
    2014-10-15

    In lengthy insolvency proceedings, interest accrued on existing claims during the “post-filing” period can represent a substantial portion of the debtor’s estate.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Interest, Companies' Creditors Arrangement Act 1933 (Canada)
    Location:
    Canada
    Firm:
    Weil Gotshal & Manges LLP
    Bank for sale – involuntary petition against bank holding company sustained
    2014-09-19

    During the 2008 financial crisis and its aftermath, it became commonplace for a distressed bank to be taken over(night) by the Federal Deposit Insurance Corporation (FDIC) and then sold, that same day, to another bank (or bank holding company) that agreed to take on the depository liability associated with the failed bank in exchange for its assets (and customer base). Some banks, however, survived the tidal wave of takeovers.

    Filed under:
    USA, Georgia, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Bank holding company, Federal Deposit Insurance Corporation (USA)
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Flexibility on finality: over dissent, First Circuit splits from majority in holding that orders denying relief from stay are not always final
    2014-08-25

    The United States Court of Appeals for the First Circuit contributed to a circuit split regarding jurisdiction in its recent decision in Pinpoint IT Services, LLC v. Rivera (In re Atlas IT Export Corp.).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court, Bankruptcy Appellate Panel, First Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    The interplay between section 502(d) of the Bankruptcy Code and SIPA’s requirement of “prompt” return of customer funds
    2014-07-29

    Canons of statutory construction are used frequently to resolve ambiguities in the Bankruptcy Code. In 

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Statutory interpretation, US District Court for SDNY
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    U.S. v. Ron Pair Enters.
    2014-07-03

    The Supreme Court Gets Its Grammar on: Interpreting the Right to Postpetition Interest Under Section 506(b)

    In this Throwback Thursday, piece we revisit the decision of the United States Supreme Court in U.S. v. Ron Pair Enters. In a 5-4 decision, the Supreme Court held that section 506(b) of the Bankruptcy Code permits a creditor to receive postpetition interest on an oversecured claim even if the creditor does not have the benefit of an agreement providing for interest on the claim.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, SCOTUS
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Breaking news: unanimous Supreme Court closes statutory gap, leaves other “core” Stern questions for another day (Executive Benefits Insurance Agency v. Arkison)
    2014-06-09

    This morning, the Supreme Court issued its hotly anticipated decision in Executive Benefits Insurance Agency v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

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