Courts Begin to Wrestle with the Impact of on a Debtor’s Ability to Recover Estate Property

This week, the Weil Bankruptcy Blog premieres a new series, “Lookback Period.”  In these entries, we will periodically review and summarize the hot topics on which we have been writing over the last couple of weeks.  We thought this might be an easy way on a summer Friday (or a rainy weekend) to catch up on what you might have missed in the Weil Bankruptcy Blog.

More Momentive, This Time From the District Court

Judge Vincent Bricetti of the United States District Court for the Southern District of New York issued a ruling in the Momentive Performance Materials cases affirming the bankruptcy court’s confirmation rulings on Monday, May 4.  Key themes raised in this case of interest to distressed investors and addressed in Judge Bricetti’s ruling include the appropriate interpretation of certain inde

Restructuring professionals cite giving the debtor a “fresh start” as one of the goals of bankruptcy.  In order to assist the debtor, the Bankruptcy Code contains a number of provisions capping claims.  One of these provisions is 

Today, in the latest installment of our series reviewing the Final Report and Recommendations of the American Bankruptcy Institute Commission to Study the Reform of Chapter 11, we explore the Commission’s recommendations on executory contracts and leases – discussed in section V.A.  The Commissione

Valuation Valuation issues tend to be at the heart of any intercreditor dispute in a restructuring. And the art of valuation becomes absolutely critical in the context of a scheme, because creditors with no economic interest need not be invited to vote on a scheme which seeks to compromise creditor claims1 .

We admit, discovery disputes rarely make for titillating blog posts. But a letter ruling issued towards the end of last year by Judge Shannon in Longview Power, LLC et al. v. First American Title Insurance Co. recently caught our eye.

“Each player must accept the cards life deals him or her: but once they are in hand, he or she alone must decide how to play the cards in order to win the game.” – Voltaire

Although likely not the intent of In re Siag Aerisyn, LLC, a recent decision from the United States Bankruptcy Court for the Eastern District of Tennessee Southern Division, some might argue that the opinion serves as a how-to guide for masking a capital contribution by an affiliate as a loan constituting bona fide debt.

A recent decision from the United States Bankruptcy Court for the Western District of Texas touched on two popular bankruptcy topics: notice requirements and the effect of a bankruptcy discharge on claims.