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    Some Rosh Hashanah reflections on the Talmud, wellness, and the High Court
    2015-09-11

    “Who by water and who by fire, who by sword and who by beast, who by famine and who by thirst, who by [bankruptcy courts deciding matters that are outside their constitutional authority]”
    – Rosh Hashanah liturgy, as modified

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    It’s all or nothing: Delaware District Court says debtor cannot pick and choose from bundle of related agreements!
    2015-08-10

    Here, at the Bankruptcy Blog, we are committed to keeping you up to speed on the current state of bankruptcy law. Today’s post provides readers with an update to a decision by the United States Bankruptcy Court for the District of Delaware, which considered whether the debtors were required to assume a bundle of related agreements as one executory contract, or whether the debtors could assume only those agreements that contained provisions most favorable to their ongoing operations.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, End-user licence agreement, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Same dollars, different treatment: Tenth Circuit holds that distributions from a retirement plan do not fall within the Colorado state law exemption statute
    2015-07-16

    Although almost all of an individual debtor’s assets become property of the estate upon a bankruptcy filing, certain exceptions exist to the rule at both the federal and state level.  In some jurisdictions, funds held for a debtor in retirement plans are exempt assets.  An open question, however, is whether payments distributed from such plans prior to the petition date are also exempt assets.  The United States Court of Appeals for the Tenth Circuit recently held in 

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, United States bankruptcy court, Tenth Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Bankruptcy No Sanctuary Against Government Enforcement Actions: NRA’s Chapter 11 Case Dismissed as Bad Faith Filing
    2021-07-20

    Executive Summary

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Authors:
    Ronit J. Berkovich
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Delaware Bankruptcy Court Weighs in: Debtors Are Not Excluded From Bankruptcy Code’s Definition of “Financial Participant” and Safe Harbor
    2021-02-23

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Authors:
    Matt Barr
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Landmark Lehman subordinated debt ruling
    2020-07-09

    The High Court in London gave judgment on Friday, 3 July 2020 on the relative ranking of over $10 billion of subordinated liabilities in the administrations of two entities in the Lehman Brothers group.

    Filed under:
    United Kingdom, USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Authors:
    Mark Lawford , Maeve Brady
    Location:
    United Kingdom, USA
    Firm:
    Weil Gotshal & Manges LLP
    Just “Released” by the Third Circuit: In re Millennium Lab Holdings II Key Takeaways
    2019-12-23

    In a highly anticipated decision issued last Thursday (on December 19, 2019), the United States Court of Appeals for the Third Circuit held in In re Millennium Lab Holdings II, LLC that a bankruptcy court may constitutionally confirm a chapter 11 plan of reorganization that contains nonconsensual third-party releases. The court considered whether, pursuant to the United States Supreme Court’s decision in Stern v. Marshall, 564 U.S. 462 (2011), Article III of the United States Constitution prohibits a bankruptcy court from granting such releases.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court
    Authors:
    Ronit J. Berkovich
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Law of the Case Doctrine in Bankruptcy
    2019-02-22

    When a court reaches a decision in a case, the law of the case doctrine generally provides that parties should not be able to relitigate the same issue in that case, and for the court to adhere to its prior decision.1 The doctrine does not, however, apply to every decision a court reaches. Two recent decisions by Judge Elizabeth Stong in the Brizinova chapter 7 cases in the Bankruptcy Court for the Eastern District of New York explore when the doctrine may or may not apply in bankruptcy cases.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court
    Authors:
    Robert Lemons
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Insolvency and Corporate Governance: Government Response - 28 August 2018
    2018-09-07

    Over the last two years, BEIS has issued a number of consultations either focussed on, or touching upon, corporate governance issues in insolvency or the broader insolvency framework.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Weil Gotshal & Manges LLP, Corporate governance
    Authors:
    Alexander Wood , Nick Fortune
    Location:
    United Kingdom
    Firm:
    Weil Gotshal & Manges LLP
    Business Finance and Restructuring - What will 2018 hold?
    2018-01-04

    Business Finance and Restructuring What will 2018 hold? Horizon scanning for 2018 Legal Outlook Legislative changes Reform of English corporate insolvency framework The Insolvency Service has yet to react to responses to its consultation in mid-2016 on significant reforms designed to improve the restructuring tools available to companies.1 We had expected the government to push this forward in 2017, but the reforms appear to have stalled and the issue was sadly missing from the Queen’s Speech.

    Filed under:
    European Union, Global, United Kingdom, Corporate Finance/M&A, Derivatives, Insolvency & Restructuring, Public, Trade & Customs, Weil Gotshal & Manges LLP, Brexit, UNCITRAL
    Location:
    European Union, Global, United Kingdom
    Firm:
    Weil Gotshal & Manges LLP

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