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    Judge Tosses Bad Faith Involuntary Filing Primarily Seeking Management Change
    2016-06-28

    An involuntary petition under chapter 7 of the Bankruptcy Code filed against a Mississippi casino developer was dismissed for bad faith, even though the petitioning creditors met the statutory requirements for filing the involuntary case. In In re Diamondhead Casino Corporation, the U.S.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bad faith, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Debora Hoehne
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Proceed with Caution: 11th Circuit Holds Debt Collectors May Face Penalties under FDCPA for Filing Proofs of Claims in Bankruptcy for Time-Barred Claims
    2016-06-01

    One of the more appealing aspects of the U.S. bankruptcy process is the relative ease in which parties in interest may file proofs of claim. In years passed all it took was to mail in a simple form to the bankruptcy court or claims agent and now it is even easier with the advent of email and electronic claims uploading. This relatively easy process, however, often comes with a plethora of invalid or unenforceable proofs of claim.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Debtor, Debt
    Authors:
    Matthew Goren
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Toto, We Are Staying in Kansas: Bankruptcy Court Declines to Transfer Related Case to Delaware
    2016-05-06

    Venue has long been a contentious topic highlighted by cases such as Enron and WorldCom to the more recent venue battle in Caesars. Recently, the United States Bankruptcy Court for the District of Kansas addressed this issue, and declined to transfer a pending bankruptcy case to the District of Delaware where cases involving the debtor’s indirect parent company and other affiliates were pending.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Enron, United States bankruptcy court, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Can Assigned Rents Be Excluded From a Debtor’s Estate? In Michigan, Absolutely
    2016-04-08

    The recent decision from the United States District Court for the Eastern District of Michigan, ECP Commercial II LLC v. Town Center Flats, LLC (In re Town Center Flats, LLC), gives us at the Weil Bankruptcy Blog a reason to revisit the issue of “absolute” assignments of rent.

    Filed under:
    USA, Michigan, Banking, Insolvency & Restructuring, Litigation, Real Estate, Weil Gotshal & Manges LLP, Debtor
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    The Saga Continues: A brief update on the EFIH First Lien Make Whole Litigation
    2016-03-02

    As avid blog readers know, we’ve posted extensively on make whole issues, including several articles covering the ongoing make whole litigations in the chapter 11 cases of Energy Future Holdings and its affiliated debtors, which can be found here, 

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court
    Authors:
    Jessica Liou
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    50 Cent: You Love Him in a Bentley, But Would You Love Him on a Bus? 50’s Creditors Have 21 Questions, and They’re All About U.S. Bankruptcy Law
    2016-02-02

    ♫ “Girl, it’s easy to love me now.

    Would you love me if I was down and out?

    Would you still have love for me?” ♫

    -50 Cent, 21 Questions

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Media & Entertainment, Weil Gotshal & Manges LLP
    Authors:
    David J. Cohen
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    McCarran-Fer-get About It: Insurance Rehabilitation Proceeding Does Not Reverse-Preempt Bankruptcy Court Jurisdiction, Says S.D.N.Y. Bankruptcy Court
    2016-01-04

    Is insurance just a business or does it serve a greater public good?  If it weren’t for insurance, a fire or earthquake could leave you homeless; a visit to the emergency room could wipe out your bank account; a workplace accident could leave you salary-less.  But, on the other hand, picture that wily Geico lizard, and insurance seems more like any other business trying to make a buck. 

    Filed under:
    USA, New York, Insolvency & Restructuring, Insurance, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court, US District Court for SDNY
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Another case involving a truck, but not to worry - this one is not about interest rates!
    2015-11-24

    The Supreme Court’s decision in Till v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Lookback period — six weeks
    2015-10-30

    We know you’ve been spending a lot of time trying to figure out how to translate “Absolute Priority Rule,” “Equitable Mootness,” and “Make-Wholes” (not to mention “Cramdown”) into Halloween costumes, so you may have missed out on some of the entries the Weil Bankruptcy Blog has posted over the past six weeks.  For our treats to you, we are handing out these entries in convenient (Count Dracula) bite-sized servings.  You can indulge a little today, and we will have more for you next week. 

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    LSTA to ABI Commission on chapter 11 reform: no way, José
    2015-10-07

    “Aside from their inconsistency with empirical data, proposals to “reform” the Bankruptcy Code must overcome a more basic reality: The current Code works exceedingly well.”
    – LSTA Response

    Filed under:
    USA, Banking, Insolvency & Restructuring, Weil Gotshal & Manges LLP
    Authors:
    David Nigel Griffiths
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

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