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    A word from the Ninth Circuit: substantial consummation is not the final word!
    2015-07-13

    Interested chapter 11 plan investors, beware. A recent decision by the United States Court of Appeals for the Ninth Circuit held that even after the chapter 11 plan has been confirmed and substantially consummated and your money has been invested, an appeal can go forward even if a victory for the appellants would change the chapter 11 plan terms on which you relied and substantially diminish the value of your investment.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Ninth Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    No Procedural Notice, No Problem: 11th Circuit Affirms Due Process Not Violated Where Debtor Provides Actual Notice
    2022-03-02

    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
    Executory or Not Executory? That is the Question - NJ Bankruptcy Court Rules That Court-Ordered Specific Performance Renders a Contract Non-Executory
    2021-06-23

    In a recent decision, the U.S. Bankruptcy Court for the District of New Jersey denied a debtor’s motion to reject a contract as executory under section 365 of the Bankruptcy Code, holding that the prepetition entry of a court order which required specific performance of a contract rendered the contract non-executory and, therefore, non-rejectable. In re Bennett Enters., Case No. 20-23761 (JNP), 2021 Bankr. LEXIS 625 (Bankr. D.N.J. 2021) (“Bennett Enterprises”).

    Background

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Supreme Court Holds That a Non-Debtor Retaining a Debtor’s Property Does Not Exercise Control Over the Property in Violation of the Automatic Stay
    2021-01-20

    In January 2020, we analyzed a split among the Circuit Courts regarding whether a non-debtor holding a debtor’s property on the petition date has an affirmative obligation under section 362(a)(3) of the Bankruptcy Code to return that property to the debtor immediately following the filing of the bankruptcy petition.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Authors:
    Robert Lemons , Zack Tripp
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    UK Corporate Insolvency and Governance Bill: Highlights
    2020-05-21

    On Wednesday 20 May, the Government published the highly anticipated Corporate Insolvency and Governance Bill (the “CIGB”). It legislates for the landmark changes to the UK’s corporate insolvency regime and the temporary suspension of the statutory provisions on wrongful trading announced by the Business Secretary on 28 March 2020 (see Weil’s European Restructuring Watch update of 30 March 2020).

    Filed under:
    United Kingdom, Insolvency & Restructuring, Weil Gotshal & Manges LLP
    Location:
    United Kingdom
    Firm:
    Weil Gotshal & Manges LLP
    syncreon’s Financial Restructuring Implemented by Landmark English Schemes of Arrangement with Parallel Chapter 15 and CCAA Recognition
    2019-10-01

    syncreon Group Holdings B.V. (the “Company” and together with its subsidiaries, “syncreon”) completed its landmark financial restructuring today. As has been widely reported, syncreon’s reorganization is perhaps the first-ever use of an English scheme to restructure debt issued by a U.S.-based global enterprise. This also appears to be the first time that CCAA recognition of an English scheme has been granted.

    The Restructuring

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Authors:
    Matt Barr , Andrew Wilkinson , Mark Lawford
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    To Make-Whole … or Not
    2019-01-22

    Fifth Circuit Holds that Disallowance of Claim Pursuant to the Bankruptcy Code Does Not Render Such Claim Impaired and Casts Doubt on Creditors’ Ability to Recover Make-Whole Amounts or Post-Petition Interest at the Default Contract Rate

    Executive Summary

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Unsecured debt, United States bankruptcy court
    Authors:
    Alfredo R. Perez
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Tenth Circuit B.A.P. on Novinda’s Classification: No Gerrymandering, No(n)-Creditor Interest, No Problem
    2018-08-20

    Recently in Novinda,1 the Tenth Circuit Bankruptcy Appellate Panel2 upheld the separate classification of creditor claims in a chapter 11 plan on the basis that, among other things, such c

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Breach of contract, Tenth Circuit
    Authors:
    Andriana Georgallas
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Second Circuit Allows Efficient Market Interest Rates For Cramdown Loans
    2017-10-23

    The United States Second Circuit has issued its ruling in the Momentive Performance Materials casesresolving three separate appeals by different groups of creditors of Judge Bricetti’s judgment in the United States District Court of the Southern District of New York, which affirmed

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, SCOTUS, Second Circuit, United States bankruptcy court, Sixth Circuit
    Authors:
    David Nigel Griffiths
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Marblegate: what does it mean for European restructurings?
    2017-01-25

    In a highly-anticipated decision on a long-running bondholder dispute, the US Court of Appeals for the Second Circuit issued its judgment last week in Marblegate Asset Management LLC v Education Management Corp. It concluded that “Section 316(b) [of the US Trust Indenture Act 1939] prohibits only non-consensual amendments to an indenture’s core payment terms”, i.e. the amount of principal and interest owed and the maturity date.

    Filed under:
    European Union, USA, Capital Markets, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Consideration, Second Circuit
    Authors:
    Andrew Wilkinson , Alexander Wood
    Location:
    European Union, USA
    Firm:
    Weil Gotshal & Manges LLP

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